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THE CAPITOL. WASHINGTON 
























































GOVEENMENT AND POLITICS 
IN THE UNITED STATES 

Problems in American Democracy 


BY 

WILLIAM BACKUS GUITTEAU, Ph.D. 

Director of Schools, Toledo, Ohio 


WITH ILLUSTRATIONS 



HOUGHTON MIFFLIN COMPANY 

BOOTON NEW YORK CHICAGO SAN FRANCISCO 

m^t aaibe^ibe ^egs( Cambribse 



TO THE 

BOYS AND GIRLS 
OF THE 


TOLEDO HIGH SCHOOLS 


COPYRIGHT, 1918 AND 1922, BY WILLIAM BACKUS GUITTEAU 
Copyright, 1911. by William Backus Guitteau 

ALL RIGHTS RESERVED 




CAMBRIDGE • MASSACHUSETTS 
PRINTED IN THE U-S-A. 

JUL27 72 

©CI,Afi77fiBl 

I 


PREFACE 


Most teachers of Civics agree that the presentation of 
this subject should commence with local government, and 
then proceed to the study of the government of the State, 
and finally of the Nation. Not only is this the correct order 
historically, but by beginning with local government, the 
pupil first studies those governmental agencies with which he 
is most familiar. School district, township, and municipal 
governments are nearer to his daily life and experiences; 
and from this basis of civic facts he can proceed more readily 
to the study of State and federal government. 

In presenting each of these fields of study, the same gen¬ 
eral plan of treatment has been followed: first, the origin of 
government has been briefly outlined, so that the relation 
of government to history may be understood; second, the 
structure or machinery of government has been described; 
and third, the functions or activities of government have 
been presented, special emphasis being laid upon this phase 
of the subject. This emphasis is in accordance with the 
legitimate demand that greater attention be given to the 
study of applied civics; and accordingly more than half of 
the chapters of the text are devoted to the work which 
governments perform. 

In order to make the study of government concrete and 
vital, the largest possible use should be made of such ma¬ 
terial as town warrants, legislative bills, sample ballots, 
presidential messages, and the like. A detailed list of ma¬ 
terial for this purpose is given in Appendix “D.” As a 
further aid to supplementary work, a suggestive list of 
questions and exercises has been placed at the end of each 
chapter, together with a chapter bibliography. These ques¬ 
tions and exercises should be assigned to different members 


iv 


PREFACE 


of the class, in order that each pupil may learn to use the 
reference works cited, to distinguish between essential and 
relatively unimportant facts, and to prepare acceptable 
reports upon special topics. 

A list of the works deemed indispensable for the school’s 
reference library will be found in Appendix “E”; and if 
funds permit, many others should be included, chosen from 
the chapter bibliographies. 

Members of the class should be encouraged to visit town¬ 
ship, county, and municipal offices; and local officials should 
be invited to come before the class and describe the business 
of their departments. Added interest may be secured by 
organizing the class into a town meeting, or as a city coun¬ 
cil, State legislature, or branch of Congress. A bulletin 
board in the classroom for newspaper clippings pertaining 
to governmental affairs will prove both interesting and 
helpful. 

The author of this text desires to express his sincere ap¬ 
preciation of the kindness of several friends in reading por¬ 
tions of the manuscript, and in aiding him with valuable 
suggestions and corrections. To Professor R. C. Brooks 
of the University of Cincinnati, he is indebted for reading 
the chapters on local government. Professor H. V. Ames 
of the University of Pennsylvania has examined the histor¬ 
ical chapters, as well as those on the State and federal 
constitutions. Professor F. M. Taylor of the University 
of Michigan has read the chapters on finance. Professor 
J. W. Jenks of Cornell University has given many helpful 
suggestions concerning the discussion of the federal govern¬ 
ment. Professor G. W. Knight of the Ohio State University 
has done the same for the chapters on Relations of State 
and Federal Government, Political Parties, and Nominations 
and Elections. Professor Wilbur Siebert of the Ohio State 
University has read the chapters on the State Legislature, 
the State Executive, and the State’s Economic Functions. 


PREFACE 


V 


Professor Carl Kelsey of the University of Pennsylvania 
has given valuable suggestions concerning the discussion 
of Crimes and Charities. The chapters on the State and 
Federal Judiciary have been revised and greatly improved 
by my friends C. F. Watts and Lloyd T. Williams of the 
Toledo Bar. The graphical charts were prepared by Mr. 
George Dunn, of the Toledo Central High School. 

While the author is of course solely responsible for all 
errors and shortcomings in the work, he feels a deeper sense 
of obligation and gratitude to these friends than he can 
express by a formal acknowledgment in a preface. 

William Backus Guitteau. 

Toledo, Ohio, 

January 9, 1911. 

Note to the Edition of 1918 

In the new edition of this book, the same emphasis has 
been placed as in former editions upon the actual workings 
of government. Especial attention has been given to the 
more recent activities of the federal government, as mani¬ 
fested in the organization of the Federal Reserve System, 
the Farm Loan Banks, the United States Tariff Commis¬ 
sion, the Federal Board for Vocational Education, and 
the numerous boards and commissions created to meet 
the imperative needs of military defense. In the present 
edition, most of the smaller type has been reset in type of 
standard size, to meet the wishes of many teachers by 
whom this text-book has been so kindly received. 

Toledo, Ohio, 

July 10, 1918. 


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ANALYSIS OF CONTENTS 
PART I 

LOCAL GOVERNMENTS 

I. Government and the Citizen. 1 

Origin of the State — Evolution of the State — Preliminary De¬ 
finitions and Distinctions — Who is to control the Government? 

— Early Government in the United States — Our Three Sets of 
Governments — The National Government — The State Gov¬ 
ernments — Local Governments — Government’s Protection 
of the Public — Education, Public Health, and Charities — 
Work of the National Government — The Duty of Paying Taxes 
— The Duty of Military Support — The Duty of Voting — 
Other Important Duties. 

II. Origin of Rural Local Government. 15 

Relation of Local to State Governments — Classification of 
Local Governments — Origin of Town Government — Origin of 

the County — Establishment of To^\ms in New England — 
Characteristics of Early New England Towns — Rise of the 
Southern County — Government of the Southern County — The 
Southern Parish — Contrast between New England and Southern 


Systems — Township-County System of the Middle Colonies. 

III. Structure and Functions of Rural Local Govern¬ 
ment . 24 

General Features of New England Towns — Important Ele¬ 


ments in Town Government — The New England County — 
The Southern County — Minor Local Divisions in the South — 
Township-County System of Local Government — Origin of 
the Township in the W’est — Development of the Congressional 
Township — Differentiated Types of Township-County System 
— The Town-Meeting in the Central States — The Township 
Board and the Supervisor — Other Township OflSIcers — The 
School District — The County Board in the Central States — 
Functions of the County Board — The County’s Judicial OflS- 


cers — Financial and Other County Oflicers — Local Govern¬ 
ment in the Western States. 

IV. Municipal Development. 38 


Definition of City — Origin of Cities — Development of Cities 
— English Origin of American Municipal Institutions — Char- 






ANALYSIS OF CONTENTS 


viii 


acteristics of British Municipal Government — American Muni¬ 
cipal History — Colonial Cities — Relation of Cities to State 
Governments — Second Period of American Municipal History 
— Third Period, 1825-1850 — Fourth Period, 1850-1875 — 
Changes in Municipal Organization during Fourth Period 
Recent Municipal History, 1875 to the Present Time — Changes 
in Municipal Organization — The Commission Plan — The 
City-Manager Plan — Proposed Improvements in Municipal 
Government. 

V. Municipal Organization.50 

The Mayor-Council Plan — Legislative Powers of the Council 

— The Council’s Police Power — Financial Powers of the Coun¬ 
cil — Miscellaneous Powers of the Council — Procedure in City 
Councils — The Mayor — Legislative Powers of the Mayor — 

The Mayor’s Administrative Powers — Judicial Powers of the 
Mayor — Administrative Officials — Board System vs. Single 
Commissioner System. 

VI. Municipal Activities .61 

Police Administration — Control of Police Administration — 
Protection from Fire — Control of Public Health — Public Edu¬ 
cation — Public Recreation — Charities and Poor Relief — The 
City Street — Street-Cleaning and Sewerage Systems — City 
Planning — Water Supply — Public Lighting — Street Railways 

— The Problem of Municipal Monopolies — Arguments for 
Municipal Ownership — Arguments against Municipal Owner¬ 
ship. 


PART II 

STATE GOVERNMENTS 

VII. Origin of State Governments. 74 

The Establishment of Colonies — Classification of Colonial 
Governments — Common Characteristics of the Colonies — The 
Colonial Legislature — The Colonial Governor — Relations wdth 
Great Britain to 1760 — Policy of Imperialism — The Dispute 
over Representation — The Mercantile Colonial System — Re¬ 
sistance to Great Britain — Declaration of Independence. 

VIII. State Constitutions. 86 

Early State Constitutions — Parts of the State Constitutions — 

Bills of Rights — Early State Legislatures — The State Execu¬ 
tive— The Judiciary — Checks and Balances — Development 

of State Constitutions — Second Period, 1800-1860 — Third 
Period, 1860 to the Present Time — Enactment of State Consti- 






ANALYSIS OF CONTENTS ix 

tutions — Amendment of State Constitutions — Amendment 
by Constitutional Convention — Amendments proposed by Leg¬ 
islatures — Amendment through the Initiative and Referendum 
— Authority of State Constitutions. 

IX. The State Legislature .95 

Composition of the Legislature — The Members of the Legisla¬ 
ture — Organization and Procedure — The Enactment of Laws 

— The Governor’s Veto — Scope of State Legislative Power — 
Non-Legislative Duties — Limitations upon Powers of State 
Legislatures — Limitations imposed by the Federal Constitu¬ 
tion — Limitations implied from Federal Constitution — Limi¬ 
tations imposed by State Constitutions — Limitations implied 
from the Republican Nature of State Government — Direct 
Legislation — Progress of Electoral Reform. 

X. The State Executive .106 

Contrast between State and Federal Executives — Election and 
Term of the Governor — Qualifications and Salary — Adminis¬ 
trative Powers and Duties — Political Duties — State Gover¬ 
nors under the Federal Constitution — Other Principal Execu¬ 
tive OflBcers — The Lieutenant-Governor — The Secretary of 
State — State Auditor or Comptroller — The State Treasurer — 

The Attorney-General — State Superintendent or Commissioner 

of Schools — Appointive OflScers of State Administration — 

State Boards or Commissions — Civil Service Reform. 

XL The State Judiciary .115 

Development of Colonial Courts — The Common Law — Equity 
— Our System of Law — System of State Courts — Inferior 
Courts — Courts of General Original Jurisdiction — Courts of 
Last Resort — Special State Courts — Choice of State Judges — 
Tenure of State Judges — Salary and Qualifications — Subordi¬ 
nate OflScers of Courts — The Protection of Rights — Procedure 
in Civil Cases — Adjudging Legislative Acts Unconstitutional 
— Principles of Constitutional Interpretation — Judicial Con¬ 
trol of Executive Ofiicials — Relation of State to Federal Courts 
— Interstate Judicial Relations. 

XII. The Police Power.129 

Definition of the Police Power — General Characteristics of 
Police Power — Scope of the State’s Police Power — Mainte¬ 
nance of Public Peace and Order — Preservation of the Public 
Safety — Promotion of the Public Health — Protection of the 
Public Morals — Miscellaneous Examples of the Police Power 
— Regulation of Trades, Callings, and Occupations — Regu¬ 
lation of the Liquor TraflSc — Regulation of Labor — Regulation 
of Charges and Prices — Regulations in Prevention of Frauds 
and Oppression. 






X 


ANALYSIS OF CONTENTS 


XIII. Crime and its Punishment. 140 

Wrong-Doing in Early Society — Classification of Wrongs — 

The Definition of Crime — Classification of Crimes — The 
Causes of Crime — The Repression of Crime — First Steps in a 
Criminal Action — Framing a Formal Accusation — Arraign¬ 
ment and Trial — The Theory of Punishment — Places of Im¬ 
prisonment — The Treatment of Criminals — The Prevention of 
Crime — Treatment of Juvenile Offenders. 

XIV. Public Charities. 151 

Relation of Government to Charity — The Causes of Poverty — 
General Methods of Poor Relief — Care of Dependent Children 

— Medical Charities — Dealing with the Vagrant Poor — Char¬ 
ity Organization Societies — Care of Defective Classes — The 
Cost of Charities. 

XV. Control of Economic Interests. 158 

Economie Functions of Government — Lands — Forests, Game, 

and Fish — Agriculture and Agricultural Interests — Labor and 
Factory Laws — Characteristics and Development of Coipora- 
tions — Organization and Control of Corporations — Regula¬ 
tion of Banks, Insurance Companies, and Railroads — Industrial 
Combinations — Transportation — Roads and Bridges — Canals 
and River Navigation — Weights and Measures — Trade-marks. 

XVI. Public Education.172 

Early and Modern Education — State Control of Education — 
Elementary or Common Schools — High School or Secondary 
Education — Colleges and Universities — The State University 

— Administration of Public Schools — The District System — 

The Township System — City School Systems — The County 
System — State Administration of Schools — Text-Books — 
Employment and Certification of Teachers — Compulsory Edu¬ 
cation — School Revenues — Federal Aid to Public Education 
— The Federal Bureau of Education. 

XVII. State Finance. 187 

Definition of Finance — Purposes of Public Expenditures — Ex¬ 
penditures of National, State, and Local Governments — State 
and Local Expenditures — Sources of Public Revenue — Sources 

of Direct Revenue — Sources of Derivative Revenue — General 
Principles of Taxation — Extent of the Taxing Power — Classi¬ 
fication of Taxes — Assessment of General Property Tax — 
Equalization — Levy and Collection of Taxes — Defects of the 
General Property Tax — Mortgage Taxes — Inheritance Taxes 
— Corporation Tax — Poll or Capitation Tax — Income Taxes 
— License Taxes — Franchise Taxes — Reforms in Taxation — 
Borrowing Power of State Governments — History of State 
Debts. 







ANALYSIS OF CONTENTS 


X! 


PART III 

THE NATIONAL GOVERNMENT 

XVIII. Origest of the Federal Government .... 207 
Beginning of the Federal Union — Conditions aflPecting Colonial 
Union — The New England Confederation — The Albany Plan 
of Union (1754) — Stamp Act Congress (1765) — Growth of 
Spirit of Resistance — First Continental Congress (1774) — The 
Second Continental Congress (1775-1781) — Formation of the 
Confederation — Character of the Confederation Government — 
Defects of the Confederation — Failure of the Confederation 
Government. 

XIX. The Formation of the Constitution.215 

The Alexandria Conference (1785) — The Annapolis Convention 
(1786) — The Constitutional Convention (1787) — Organiza¬ 
tion — The Contest over Nationalism — The Great Compromise 

— The Three-Fifths Compromise — Navigation Acts and the 
Slave Trade — Other Compromises and Modifications — Sources 
of the Constitution — Completion of the Convention’s Work — 
Ratification. 

XX. The Amendment and Development of the Consti¬ 
tution .226 

Modification of the Original Constitution — Process of Consti¬ 
tutional Amendment — The Bill of Rights — The Eleventh 
Amendment — The Twelfth Amendment — Amendments during 
the Reconstruction Period — Constitutional Changes through 
Interpretation — The Doctrine of Implied Powers — Chief 
Sources of Implied Powers — Constitutional Changes through 
Usage — Influence of Usage upon the Executive — Usages af¬ 
fecting Congress — Constitutional Modifications through the 
Party System. 

XXI. Relations of Federal and State Governments . 235 
The Federal System — General Distribution of Powers — 
Powers of the National Government — Classification of Federal 
Powers — Interpretation of Federal Powers — Powers of State 
Governments — Concurrent Powers — Prohibitions upon the 
National Government — Restrictions designed to protect In¬ 
dividual Liberty — Other Limitations upon the Federal Govern¬ 
ment — Express Prohibitions upon State Governments — Second 
Class of Express Limitations — Implied Limitations upon State 
Governments — Privileges of States in the Union — Duties of 

the States in the Union — Interstate Obligations — Public Acts 
and Judicial Proceedings — Interstate Extradition. 



ANALYSIS OF CONTENTS 


xii 

XXII. The Senate. 248 

Congress a Two-House Body — Equal Representation of States 
— Relations of the Two Houses — Election of Senators — The 
Senatorial Term — Qualihcations of Senators — Rights and 
Privileges of Members — The Senate’s Powers in Legislation — 
Executive Functions of the Senate — Power to approve Treaties 
— Confirmation of Executive Appointments — The Senate’s 
Judicial Function. 

XXIII. The House of Representatives. 259 

Composition of the House — The Method of Apportionment — 
Districting a State — The Suffrage — The Election of Repre¬ 
sentatives — The Term of Representatives — Qualifications for 
Representatives — Rights, Privileges, and Disabilities of Mem¬ 
bers — Special Powers of the House. 

XXIV. Congressional Methods. 267 

Term and Sessions of Congress — Internal Organization of Con¬ 
gress — The Quorum — The Officers of Congress — Chief 
Sources of the Speaker’s Power — The Committee on Rules — 
Congressional Committees — The Process of Legislation — Rela¬ 
tions of Congress to the President — Limitations on the Legisla¬ 
tive Powers of Congress — Classification of Congressional Pow¬ 
ers — Express Powers of Congress — Implied Powers. , 

XXV. Organization of the Federal Executive . . . 285 

Method of electing the President — Number and Choice of Elec¬ 
tors — Qualifications for Electors and Voters — Time of Choos¬ 
ing Electors — Meeting of the Electoral College — Counting 

the Electoral Vote — The Disputed Election of 1876 — Elec¬ 
tion by the House of Representatives — Elections of 1800 and 
of 1824 — Changes in the Process of Election — The Inaugural 
Ceremony — Presidential Term, Salary, and Qualifications — 

The Vice-President — Election of Vice-President by the Senate 
— Statutory Presidential Succession. 

XXVI. The President’s Powers and Duties .... 296 
General Characteristics of the Federal Executive — Classifica¬ 
tion of Executive Powers — Military Powers of the President — 
Position as Commander-in-Chief — Duty to enforce the Laws — 
Protection of the States — Administrative Powers — The Power 

of Appointment — Officers appointed by Concurrent Action of 
President and Senate — Appointment of Inferior Officers — The 
Power of Removal — Term of Federal Officers — The Spoils Sys¬ 
tem — Civil Service Reform — Diplomatic Powers — Appoint¬ 
ing and receiving Ambassadors — The Power to make Treaties 
— L«gislative Powers — Convening and adjourning Congress — 
Power to recommend Legislation — The Presidential Veto — 
Judicial Powers. 





ANALYSIS OF CONTENTS 


XXVII. The Executive Departments. 312 

The Federal Executive Departments — The President’s Cabinet 
— The Department of State — Department of the Treasury — 

— The Department of War —The Department of Justice — 
Post-Office Department — Department of the Navy — Depart¬ 
ment of the Interior — Other Bureaus of the Interior Depart¬ 
ment — The Department of Agriculture — Department of 
Commerce — Department of Labor — Independent Boards and 


Commissions — War Boards and Commissions. 

XXVIII. The Federal Judiciary . 329 

Necessity of a Federal Judiciary — The National Courts — Fed¬ 
eral Judges — Jurisdiction of the Federal Courts — Jurisdiction 


depending upon Character of Suit — Jurisdiction depending 
upon Character of Parties — The Federal Judicial System — 
Federal District Courts — Federal Circuit Courts of Appeals 
— The Federal Supreme Court — Special United States Courts 
— Exercise of Federal Judicial Power — The Law administered 
in the Federal Courts — Declaring Legislative Acts Void — 
Historical Decisions. 

XXIX. Expenditure and Revenue. 342 

Growth of Federal ExTienditures — Expenditures resulting from 

the World War — Control of Federal Expenditures — Criticisms 
of Federal System of Finance — Proposals for a National Budget 
System — Sources of Federal Revenue — Taxing Power of the 
National Government — Import Duties as a Source of Revenue 
— Import Duties as a Form of Tax — General Characteristics 
of Excise Taxes — History of Excise Taxation — Administra¬ 
tion of Excise Taxes — Characteristics of Income Taxes — His¬ 
tory of Federal Taxation of Incomes — Direct Taxes levied by 
the Federal Government — Anticipatory or Extraordinary Reve¬ 
nues — Bond Issues — Short-Time Loans — History of the 
National Debt. 

XXX. Coinage and Currency. 360 

Origin and Functions of Money — Monetary System of the 
United States — Volume of Money — History of Metallic Cur¬ 
rency to 1873 — History of Metallic Currency, 1873-1900 — The 
Coinage Act of 1878 — The Sherman Act and its Results — 
Arguments for Bimetallism — Arguments for Monometallism — 
Currency Act of 1900 — Paper Currency — First United States 
Bank — Second United States Bank — Constitutionality of a 
Federal Bank — State Banks — The National Banks — Cus¬ 
tody of the Public Funds — Government Paper Money — 
Legal-Tender United States Notes — Resumption of Specie Pay¬ 
ments — The Federal Reserve Act. 






XIV 


ANALYSIS OF CONTENTS 


XXXI. Commercial Functions . 380 

Commerce under the Confederation — Commerce under the 
Constitution — Navigation — The Problem of Shipping in the 
World War — River and Harbor Improvements — Tariff Duties 
— Tariff History of the United States — Arguments for Free 
Trade or a Revenue Tariff — Arguments for Protection — Immi¬ 
gration — General Characteristics of Immigration — Control of 
Interstate Commerce — Instruments of Interstate Commerce — 
Railway Transportation — Federal Railway Legislation — Sher¬ 
man Anti-Trust Act of 1890 —The Federal Trade Commission. 

XXXII. International Relations.401 

International Law — Federal Control of International Affairs — 
History of American Foreign Policy — The Struggle for Neutral 
Rights — Policy of Territorial Expansion — Foreign Affairs dur¬ 
ing the Civil War — The Monroe Doctrine — Neutral Rights and 
Democracy attacked by Germany — Arbitration — Foreign 


Intercourse — Diplomatic Representatives — Consular Officers 
and Agents. 

XXXIII. Territorial Functions. 414 

Territorial Power under the Constitution — Expansion of the 


National Area — Early History of Northwest Territory — Early 
Territorial Legislation — Ordinance of 1787 — Later Territorial 
Legislation — Representative Territorial Government — Rela¬ 
tion of Territories to the Union — Admission of New States — 
Position of States after Admission — Territories and Possessions 
on the American Continent — The Government of Alaska — 

The Panama Canal Zone — The District of Columbia — Other 
National Property — Insular Territories or Dependencies — 

The Territory of Hawaii — Government of Porto Rico — Govern¬ 
ment of the Philippine Islands. 

XXXIV. Military Functions . 431 

War Powers of the Federal Government — American Wars — 

The Declaration of War — Letters of Marque and Reprisal — 
Captures on Land and Water — Power to raise and support 
Armies — Conscripting a National Army — Officers of the 
Army — Education of Officers — Militia — The Navy — Edu¬ 
cation of Officers — Rules for the Government of Land and 


Naval Forces — Military Pensions. 

XXXV. Miscellaneous Powers. 444 

Control of Naturalization — Process of Naturalization — Natu¬ 
ralization of Communities — Effects of Naturalization — Power 
over Bankruptcy — Power over Copyrights — Patents — Trade- 


Marks — Weights and Measures — Federal Power over Crimes 
— Counterfeiting — Piracy — Offenses against the Law of Na¬ 
tions — Treason. 







ANALYSIS OF CONTENTS 


XV 


XXXVI. History and Organization of Political Parties 454 
Importance of Political Parties — Functions of Parties — Origin 
of Parties — The Federalists (1788-1816)—The Democratic- 
Republican Party (1788-1820) — Reorganization of Parties 
(1820-1830)—The Democratic Party (1830-1856)—The Na¬ 
tional Republican or Whig Party (1830-1856) — ^cond Reor¬ 
ganization of Parties (1852-1860) — Parties since 1860 — Minor 
Political Parties — Organization of Parties — The Party Ma¬ 
chine — Party ResponsibiUty. 

XXXVII. Nominations and Elections. 465 

Methods of Nomination — The Party Primary — Types of Pri¬ 
maries — Local Nominating Conventions — Judicial and District 
Conventions — State Nominating Conventions — Presidential 
Nominating Systems — The Call of National Conventions— The 
Delegates — Procedure in National Conventions — The Nomi¬ 
nation of Candidates — Presidential Electors — Direct Primary 
System — Nomination by Petition — Elections — Qualifica¬ 
tions for Voting — Woman’s Suffrage — Election Districts and 
Registration — The Conduct of Elections — Casting and count¬ 
ing the Ballots. 


APPENDIX 

A. The Constitution of the United States . . . • . 1 

B. Area and Population of Territories and Insular 

Possessions ...xvii 

C. Area, Population, and Electoral Votes of the 

States. 

D. Illustrative Material for the Study of Govern¬ 

ment . 

E. Selected References on American Government . • xx 

INDEX .xxiU 

ILLUSTRATIONS FROM PHOTOGRAPHS 

The Capitol at Washington Frontispiece 

Road Making. Two Photographs showing the effect of 

Macadamizing .. focing 28 

The City Hall at Chicago. “ 44 









xvi 


ILLUSTRATIONS 


A Typical New England Town Hall, at Needham, Massa¬ 
chusetts . 

The Municipal Building at Des Moines (exterior and 

interior). 

A View in Central Park, New York City .... 
William H. Seward Park, New York City .... 

A Public Bath for Boys, Boston . 

Field House at South Park, Chicago. 

Pumping Station at the Chestnut Hill Reservoir, Boston . 

A Section of the Stony Brook Conduit, Boston 

Two Views of a School-Yard in Cleveland Before and After 

Improvement. 

New York State Capitol at Albany. 

Ohio State Capitol at Columbus. 

Spokane County Court House, Spokane, Washington 
Cumberland County Court House, Portland, Maine . 
Armory of the State Militia, Medford, Massachusetts 

Police Protection during a Strike. 

Boston City Hospital Relief Station. 

A Tenement House Section in New York City 

Two Photographs illustrating Forestry. 

Minnesota Agricultural Experiment Station .... 
The Dairy Car of the “Better Farming Special” . 

The Sault Ste. Marie Ship Canal. 

The Queensborough Bridge, New York. 

Boston Public Library. 

The Schenley High School, Pittsburgh, Pa. 

Bird’s-Eye View of the University of Wisconsin 

Three Photographs illustrating the Centralization Plan of 

Schools. 

Public School 165, New York City. 

The Grover Cleveland School, Philadelphia .... 

United States Senate Chamber. 

United States Hall of Representatives. 

The Office Building of the United States Senate . 

The Executive Offices. 

The Post Office at New York City. 

The Post Office at Atlanta, Georgia. 

The Library of Congress. 

The Patent Office. 

The Great Garland Canal on the Shoshone Project, Wyoming 

The Truckee River Irrigating Canal, Nevada 

The State, War, and Navy Departments .... 

The Supreme Court Chamber. 

Opening of the Panama Canal, August 15, 1914 . . . 

The Ellis Island Immigration Station (exterior and in¬ 
terior) . 

The Custom House at New York City , . , . . 


facing 44 

“ 45 

“ 66 

“ 66 

“ 67 

“ 67 

“ 70 

“ 70 

“ 71 

“ 100 

“ 100 

“ 116 

“ 116 

“ 132 

“ 132 

“ 156 

“ 156 

“ 160 

“ 161 

“ 161 

“ 168 

“ 168 

“ 174 

“ 174 

“ 175 

“ 178 

“ 179 

“ 179 

“ 270 

“ 270 

“ 282 

“ 282 

“ 316 

“ 316 

“ 317 

“ 317 

“ 320 

“ 320 

“ 326 

“ 326 

“ 884 

“ 392 

“ 393 
















ILLUSTRATIONS 


xvii 


The Custom House at Philadelphia. facing 393 


The Governor’s Palace at San Juan, Porto Rico . . . 402 

International Bureau of the American Republics, at Wash¬ 
ington . „ 402 

U.S. Battleship North Carolina . „ 442 

The Coliseum, Chicago. “ 464 

A Political Parade. “ 464 

The Dial of a Voting Machine. “ 465 


FACSIMILES, DIAGRAMS, AND MAPS 


State Legislative Bill (facsimile) . facing 101 

Our System of Law (diagram) .117 

A Pennsylvania Injunction (facsimile) .126 

Sources of School Revenues (diagram) .182 

Expenditures of National, State, and Local Governments (diagram) 188 
Amount and Objects of State and Local Expenditures (diagram) . 189 

Receipts of National, State, and Local Governments (diagram) . 190 

Sources of State and Local Revenues (diagram) .192 

Per Cent Sources of State and Local Revenues (diagram) . . . 195 

Distribution of General Property Tax among State and Local Gov¬ 
ernments (diagram) .198 

Distribution of Governmental Powers (diagram) .236 

The Original Gerrymander (facsimile) .261 

Congressional Districts in the State of Alabama (map) . . . 261 

Form of a Federal Law (facsimile) . facing 283 

A Presidential Proclamation (facsimile) . facing 300 

Insular Expansion of the United States, 1898 (map) , . facing 403 


The United States and Its Possessions. facing 442 

Massachusetts Ballot (facsimile) .. 479-480 

Continental Expansion of the United States since 1783 (map) 

Back Lining Pages 














GOVERNMENT AND POLITICS IN 
THE UNITED STATES 


CHAPTER I 

GOVERNMENT AND THE CITIZEN 

I. Origin of the State. Since the very beginning of civi¬ 
lization the tendency of man has been to unite with his kind 
in some form of association, rather than to live a Kinship 
solitary and independent life. ^ One of the earliest 
of these groups is the patriarchal family, in which the father 
rules over his descendants as both king and priest. In other 
words, early social organization is based upon kinship; in¬ 
dividuals related by blood unite in a family group for mutual 
protection and support. Gradually the family becomes 
larger and broadens into the clan or gens — a group of fam¬ 
ilies claiming descent from a common ancestor, practicing 
the same religious rites, and ruled over by the chief kins¬ 
man. At length a number of clans unite into a tribe whose 
chieftain is still in theory the chief kinsman. Finally from 
the union of a number of tribes the ancient state appears, 
the members of which are united by the triple bond of a 
common language, a common religion, and real or assumed 
blood relationship. At the head of the state is the king, 
sanctified as priest and father of his people.^ 

• According to the celebrated dictum of Aristotle in his work on Politics: “Man is by 
nature a political animal.” 

* This patriarchal theory concerning the origin of political institutions was propounded 
by Sir Henry Maine, and is now accepted by many authorities. But since the actual 
origin of political institutions antedates history by thousands of years, this explanation 
must be viewed not as an account of how the state actually did originate, but of how it maji 
reasonably be supposed to have originated. 


* GOVERNMENT AND POLITICS 

2. Evolution of the State. The early state was little more 
than a group of migratory tribes which gained a precarious 
Factors in living by hunting, fishing, and herding their 
develop- flocks. Gradually these early tribes became more 

civilized. They gave up their wandering mode of 
life as hunters and fishermen, settled upon a definite ter¬ 
ritory, and commenced to cultivate the soil. After much 
warfare and bloodshed, some strong chieftain would extend 
his authority over neighboring tribes, and become the ac¬ 
knowledged ruler of a large territory. In this way such 
countries as France and Great Britain had their origin. 

3. Preliminary Definitions and Distinctions. The modern 
state is an independent, sovereign political community, or- 
state ganized under some form of government. Inde¬ 
pendence, sovereignty, organization — these are 

the essential elements in the conception of the state. Hence 
a community politically dependent upon another, as Egypt 
or the Philippines, is not a state. By sovereignty, the second 
element in the definition of the state, is meant supreme and 
universal power over all individuals within its borders. ^ In 
most modern states the ultimate sovereignty is vested in 
the people themselves. Lastly the state possesses an organ¬ 
ization known as its government, which will be presently 
defined. 

The word nation (from the Latin nascor, to be born) has 
reference primarily to the relations of birth and race kin- 
NaUon commonly used, the word nation de¬ 

notes a body of people living within a definite 
territory under an independent government of their own; 
thus the French nation denotes the people occupying the 
territory known as France. 

Government, a term often used as synonymous with 
state, should be clearly distinguished from it, since govern- 

> This definition excludes the individual commonwealths comprising our federal Union, 
since these are not sovereign states. Throughout this volume the word “State” capitalized, 
will be used to denote one of the members of the Union; and printed without a capital to de¬ 
note a sovereign state belonging to the family of nations — as the United States or France. 


GOVERNMENT AND THE CITIZEN 


S 


merit is merely the instrument or agency created to carry 
out the ends of the state. Government includes ^ 

the body of laws and customs through which the 
will of the state is expressed, as well as the ojfficers whose 
duty it is to formulate, execute, and interpret those laws 
and customs. 

A government is administered in accordance with a con¬ 
stitution — which may be defined as the fundamental, 

organic law in which the will of the state is ex- „ 

. Oonstltutlon 

pressed, and by which the form and powers of 

its government are determined. Constitutions are usually 
written,^ as in the case of the United States, France, and 
Italy; sometimes unwritten like that of Great Britain. Un¬ 
written constitutions exist in the form of precedents, cus¬ 
toms, and rules defining the nature of the government and 
the scope of its authority. 

4. Who is to control the Government? As we have 

learned from our study of history, early government was 

something imposed from above. The strongest control by 

warrior became the ruler, and this authority a single 
, , • I. *1 .1 Individual 

became hereditary m his family, so that on the 

death of the ruler or king, his power descended to his eldest 
son. The real governing authority was held by this single 
individual, the people as a whole having very little to say 
about the matter. As late as the seventeenth century, the 
French king, Louis XIV, is reported to have said: “ The 
State? I am the State! ” In other words, Louis XFV con¬ 
sidered himself the government, and would not admit that 
the business of government concerned the people at all. 
In Great Britain the Stuart kings even claimed that they 
ruled by divine right — that God himself had ordained 
them rulers of the people. 

Now in early times it was necessary that order and law 
should be established in the person of a single individual, for 


> The first written constitution creating a government was the Fundamental Orders d 
Connecticut, dr^ltcd by the people of Windsor, Hartford, and Wethersfield, in 1639. 


4 


GOVERNMENT AND POLITICS 


even tyrannical government is better than no government 
Control by at all. But after society had become accustomed 
the people order and obedience, men were unwilling to 

submit to the absolute control of a single individual, and 
wished to have a voice in their government. So a great 
part of the world’s history is made up of this struggle on the 
part of the people to secure in their own hands the control 
of government; while throughout the ages, kings and princes 
have striven to retain for themselves the ruling power. At 
the present time, even in most European monarchies, the 
actual power of government has been transferred from the 
king to the people themselves. Hence such countries as 
Great Britain and Italy are called constitutional or limited 
monarchies, because the power of the rulers is limited by a 
constitution in which the will of the people is expressed. 

5. Early Government in the United States. In our own 
country, the control of government from the earliest times 
New Eng- has been in the hands of the people. The sturdy 
land towns p^Q^eers who came to the new world in the seven¬ 
teenth century were seeking a land where they might have 
greater freedom — freedom to worship according to their 
own conscience, freedom to manage the business of govern¬ 
ment as best suited their own needs. The colonists who 
came to the New England coast settled in small, compact 
communities known as towns, each having its own church, 
and its blockhouse for defense against the Indians. The 
residents of each town met together in town-meeting to 
pass rules for their government and to elect local officers. 
Since the residents of each town decided all important mat¬ 
ters by their votes in town-meeting, the government was a 
pure democracy; that is, it was a government carried on by 
the people themselves. This type of government is adapted 
only to small, compactly settled communities, in which the 
voters can readily assemble to decide matters of common 
concern. 

At the South, the early colonists did not settle in small 


GOVERNMENT AND THE CITIZEN 


5 


communities as in New England, but scattered over a wide 
area. As the houses of the planters were miles county gov- 
apart, it was impossible for them to manage their ©rnmont at 
local affairs in town-meeting, as did the New 
England settlers. So these Southern colonists established 
county government for the management of their local af¬ 
fairs. The powers of government were not exercised directly 
by the voters, but were entrusted to eight men, who com¬ 
posed the county court. The counties were much larger 
than the New England towns, but performed similar work. 
They looked after local matters, such as education, the 
construction of roads, the care of the poor, and the levy 
and collection of taxes. 

Both the towns of New England and the counties at the 
South were under the control of colonial governments. 
Each of these thirteen colonial governments had colonial 
its legislature and its governor, in charge of mat- govern- 
ters of especial interest to that colony. All the 
thirteen colonies were subject to the authority of Great 
Britain. So the American colonist lived under three gov¬ 
ernments: first, his local government, that of his town or 
county; second, his colonial government; and third, the 
government of Great Britain. 

6 . Our Three Sets of Governments. As a result of this 
historical development, the people of the United States 
to-day, like the early colonists, live under three National, 
governments. First, a national government, local gov- 
which carries on affairs which concern the nation 
as a whole — foreign relations, the mail, control of terri¬ 
tories, public lands, money, and commerce. Second, the 
State governments, which control such matters as educa¬ 
tion, contracts, the holding and transfer of property, regu¬ 
lation of business, and the punishment of crime. Third, the 
local governments (counties, townships, villages, and cities), 
which are under the direct control of the State governments. 
These local governments have charge of affairs which di- 


6 


GOVERNMENT AND POLITICS 


rectly concern the people of each local community, as the 
building of roads and bridges, the care of the poor, main¬ 
tenance of schools, provision for water-supply, street paving 
and lighting. 

7. The National Government. You have learned in your 

study of history that the constitution of the United States 
National was framed in 1787 by a convention which in- 
eonatitution many of America’s greatest leaders, and 

was afterwards ratified by conventions held in each of the 
thirteen States. Accordingly this constitution is the foun¬ 
dation on which our national government rests; and, with 
the seventeen amendments which have since been added, 
forms the supreme law of the land. 

Our constitution provides for a national government 
consisting of three departments, legislative, executive, and 
Three de- judicial. Legislative powers are exercised b> 

ofg^ern- Congress, which consists of two houses. The 
smaller house, or Senate, is composed of ninety- 
six members, two being chosen by the voters of each State. 
In the larger body, the House of Representatives, each 
State is represented in proportion to its population. Execu¬ 
tive authority is vested in a President, who is chosen by 
indirect election for a term of four years. The President 
appoints an advisory body of ten members, known as the 
Cabinet. The judicial department consists of the Supreme 
Court of nine members, which sits at Washington, together 
with lower courts which try cases arising in different parts 
of the Union. 

8. The State Governments. In many respects the State 
governments (now forty-eight in number) resemble the na- 
Three dd- tional government. Each State has its own con- 
partments stitution, which establishes the three departments 
of government, — legislative, executive, and judicial. 

The legislature, or law-making body, consists of twi 
Legislature meets at the State capital. Its mem' 

bers are elected by the voters from districts inU 
which the State is divided. 


GOVERNMENT AND THE CITIZEN 


7 


The chief executive officer of the State is the governor, 
whose position is similar to that of the President. The gov¬ 
ernor is assisted in liis work of executing the laws „ 

1 /I' • 1 1 1 . Governor 

by numerous omcials, some of whom he appoints, 

while many others are elected by the voters. 

State courts of several grades are provided for the trial 
of cases arising under State laws; so that if a man steals the 
property of another, or if one refuses to carry out state 
an agreement or contract which he has made, jus- 
tice may be obtained by the injured party through the aid 
of the courts. 

9. Local Governments. Nearer to the citizen than the 
government of his State, or the still more remote govern¬ 
ment at Washington, is the local government 
which supplies so many of our public needs. When 
you pass along a macadamized road or a paved street on 
your way to school, you are using a public convenience pro¬ 
vided by your local government. If you ask yourselves the 
questions. Who protects this community from fire and theft.^ 
Who builds its roads and bridges? Who constructs and 
maintains its public schools and libraries? Who provides 
its parks, boulevards, and water-supply? — the answer in 
every case is, that these public necessities are supplied by 
your local government. If you live in a city or village, the 
local government of greatest importance to you is the city 
or village government. In rural communities, especially in 
New England and the central States, much of the work of 
local government is performed by the town or township. 
All of us, whether residing in cities, villages, or in the 
country, live under county governments, which carry on 
such important functions as the recording of deeds and 
mortgages, the local administration of justice, and the col¬ 
lection of taxes. 

Since local governments supply the needs which concern 
us so greatly in our everyday life, it is of vital importance 
that the local officials whom we elect shall be honest and 


8 


GOVERNMENT AND POLITICS 


capable. Otherwise we may have poor schools, neglected 
Importance streets, an inadequate or impure water-supply; 
of local or worse still, dishonest oflScials may accept bribes 
government sacrifice the interests of the community 

in a thousand ways. The cost of this dishonesty and ineffi¬ 
ciency is always paid by the taxpayers. Through the heed¬ 
lessness of the voters of New York City, a group of dishonest 
men, known as “ The Tweed Ring,” gained complete control 
of the city government during the years 1865 to 1871. As 
a result of their corrupt management, the debt of the city 
was increased by $81,000,000, for which the city received 
little return. The county building remains as a permanent 
monument of their dishonesty, still incomplete after hav¬ 
ing cost the taxpayers over thirteen million dollars. 

10 . Govemmenfs Protection of the Public. Let us now 
consider what public services government performs for the 
Need of citizen. So numerous are these services that it 
protecuon jg possible to mention the most important 
ones. We have seen that the first essential function of gov¬ 
ernment is the maintenance of order, and the protection of 
life and property. A man’s life must be safe, and what he 
earns by his labor must be his to enjoy; this protection is, 
therefore, the primary function of government. When you 
see the policeman on the corner, you know that he repre¬ 
sents a part of the protection which government extends 
to every citizen. You know that he will use every effort 
to prevent crime and to arrest wrongdoers; in short, to 
protect the rights of yourself and other law-abiding persons. 

So with the courts, which represent another agency pro¬ 
vided by society for the protection of the public. Here 
FuncUon of those wlio have violated the laws of the State are 
the courts ^nd punishments imposed. Before these 

tribunals a man who has been injured or cheated by another 
may seek redress. I have the right freely to use and enjoy 
my own property, but it is also my duty to respect the 
property rights of my neighbor. If I go upon his premises 


GOVERNMENT AND THE CITIZEN 


9 


without permission, pick flowers from his yard, injure or 
deface his buildings, he may have me arrested, and that 
arm of government called the courts wall punish me for the 
offense. 

But, you may ask, suppose a large number of persons are 
guilty of lawless conduct? Suppose a riot breaks out in 
which hundreds of men take part, so that the other pro- 
police are powerless? Back of the local police tecuvo 
force is the State militia, which can be called out 
by the governor to aid in enforcing the law; and back of the 
State militia is the entire army and navy of the United 
States, all of which, if necessary, will be used to maintain 
peace and order in every part of the Union. So we see that 
government has a strong arm when it comes to protecting 
the peace of the community, and the rights of the citizen. 
Moreover, this protection follows the citizen wherever he 
goes, whether he travels on the high seas or in foreign lands. 
It was primarily to protect the rights of our citizens on the 
ocean highways of the world that the United States entered 
the World War in 1917. As during the War of 1812, our 
country defended the principle that the deck of an American 
ship is the same as American soil, and that the flag that 
floats over the ship protects the lives of the men beneath it. 

II. Education, Public Health, and Charities. Have you 
ever considered what an immense service government per¬ 
forms in providing free public education for every boy and 
girl in the land? You belong to a vast army of twenty-three 
million pupils, for whose education government expends 
each year more than $900,000,000. In addition to nearly 
300,000 schoolhouses, government maintains numerous 
public libraries as an aid to its educational work. 

When an epidemic of typhoid fever breaks out, one of 
the first questions asked is, “ What about the community’s 
water-supply? Is it pure and free from contami- water- 
nation? ” This suggests another service which 
government performs, for in three fourths of our cities, the 


10 


GOVERNMENT AND POLITICS 


water-works system is owned by the public. Sometimes 
epidemics are caused by impure milk or other food; so 
government employs inspectors of milk, meat, and other 
foods, in order to safeguard the health of the citizens. For 
the same reason, government builds sewers, and provides 
public parks and playgrounds, thus creating sanitary and 
healthful conditions for the entire community. 

The paving of streets is another work carried on by gov- 
street pav- ernment; while street lighting is provided either 
lighting government, or by some company to which 

government has granted the privilege or franchise. 

Government also carries on the important work of public 
charities. Hospitals, asylums for the insane, the deaf, and 
PubUc the blind, are maintained at public expense, 
chariues almshouses and poor-farms, government 

takes care of those unfortunates who are unable to sup¬ 
port themselves. 

All of these services are performed either by local or 
State governments. Thus we see how important is the work 
of these governments, and how necessary it is that honest 
and efficient officials be chosen to direct this work. 

12 . Work of the National Government. When you send 
a letter through the mails, you are making use of one of the 
The mail, most important services of the national govern- 
mmi^y,an(i nient. When you pay for something at the store, 
you make use of money, the circulating medium 
provided by the national government, without which it 
would be impossible to carry on the business of the country. 
Business is also greatly aided by means of our national banks 
and by our federal reserve and farm loan banks; while the 
post-office department has a system of postal savings 
banks, intended primarily for depositors of limited means. 

When you travel on a ship, your journey is rendered more 
Aids to safe by means of the lighthouses which our federal 
commerce government maintains to guide your ship safely 
to harbor. If you live upon a navigable river, you have 


GOVERNMENT AND THE CITIZEN 


11 


probably seen dredges at work broadening and deepening 
the channel. This improvement of rivers and harbors is 
one of the most important services whereby the federal 
government aids commerce. The Panama Canal is the 
greatest work of this kind ever undertaken by any govern¬ 
ment. 

When the telephone was invented, the inventors applied 
to the national government for a patent, in order to secure 
for themselves the exclusive right to make and Encourago- 
sell their invention. So, too, when a man writes ^Jence and 
a book, he applies to the national government 
for a copyright, giving him the sole right to publish and 
sell it. Thus government aids inventors and authors by 
securing to them the fruits of their labor. 

In your study of geography, you learned that in the West 
and Southwest there are thousands of acres of land which 

cannot be cultivated because of the scant water- _ , 

Irrigation 

supply. By building immense dams and reser¬ 
voirs, the national government has provided irrigation 
systems which are transforming these desert regions into 
fertile farms. 

Perhaps you have read of the forest rangers, men em¬ 
ployed by the government to guard against forest fires and 
timber thieves. This protection of our forests is Forest pro- 
a part of the all-important work which govern- 
ment performs in the conservation of our natural resources. 

13 . The Duty of Pa 3 ring Taxes. Such are the more impor¬ 
tant of the almost numberless services which government 
performs for the citizen. Let us now consider Taxes noc- 
what the citizen, in turn, owes to his government; su^OTt* 
for the right to claim all these services must imply 
corresponding duties. First, it is the duty of all those who 
live under any government to aid in providing the finances 
by which government carries on its work; in other words, 
to pay taxes. The services which government performs cost 
immense sums of money; and this money must come from 


12 


GOVERNMENT AND POLITICS 


the pockets of the citizens. It is the duty of every person 
to contribute this financial support according to his means. 
The man who seeks to evade his fair share of taxes is trying 
to cheat the entire community. If a number of you should 
club together to buy a basket-ball, and a boy who could 
afford to pay should refuse to contribute his share, you 
would say at once that he ought not to use the ball. In the 
same situation is the man who evades his just share of the 
expenses of government. He deserves neither the protection 
of government, nor the use of the many public conveniences 
which government provides. 

14 . The Duty of Military Support. Not only by giving a 
portion of his property does the citizen support his govern- 
Miiitary ment; if necessary, he must take up arms in its 
maoe defense. You have learned that during the Civil 
compulsory War, it became necessary for a million men to 
leave their homes and fight for the flag of the Union. Most 
of these men entered the army as volunteers; but so long 
and doubtful was the struggle, that government was obliged 
to draft many men who did not volunteer to serve. Later, 
when the United States took up arms in 1917 to defend our 
national rights against the aggressions of Germany, Con¬ 
gress promptly passed a conscription act. As afterwards 
amended, this included all men between the ages of eight¬ 
een and forty-five years. So we realize that in time of 
peril, government may claim the services of every able- 
bodied man. Every citizen, then, must be prepared to 
offer even his life in the defense of his government. It is 
not from men alone that government receives military 
support. The history of the Civil War and of the World 
War of 1917 reeords the devoted serviees and sacrifices of 
the women of our country. So women, as well as men, 
support their government in time of war. 

15 . The Duty of Voting. It is to be hoped that few of 
you will be called upon to take up arms in support of 
your government ; for to-day men realize more than ever 


GOVERNMENT AND THE CITIZEN 


13 


before the horror and the wickedness of war. But there is 
another all-important duty which every voter 
should perform. He should cast his vote at elec- oi the 
tions for candidates who will render honest and 
efficient public service. Your ballot is just as vital to govern¬ 
ment’s support in time of peace as your bayonet in time of 
war. Remember that when public money is wasted, it is 
your money that is wasted. If public officials are incompe¬ 
tent, you help pay the bills. You should not be influenced 
by the example of the lazy or indifferent persons who stay 
away from the polls on election day. You may hear these 
individuals say that “it’s all no use, the politicians will run 
things anyway.” Older men sometimes grow weary and 
pessimistic; it is for you, the youth of the land, whose hearts 
are inspired with the golden ideals and hopes of youth, to 
enter on the path of progress, and flght the hard fight for 
good government. Only in this way can our popular gov¬ 
ernment succeed; and this duty to vote and work for the 
election of good public officials is the greatest service which 
you can render your country. 

i6. Other Important Duties. Another duty which the 
citizen may be called upon to perform is that of jury service. 
This is not a pleasant duty, for one may be kept jury 
away from his business for several days, or even 
weeks, if the trial is a long one. But jury trial is an impor¬ 
tant safeguard of free government; and every citizen should 
be willing to serve if called, even at a personal sacrifice. 

Finally, citizens may owe it to the community to accept 
public office, even when they prefer not to serve. Individuals 
of high talent and ability are often unwilling to omce- 
give up the time necessary for public office; but it is 
just this class of citizens that the public service needs. There 
are always numerous persons who desire public office for 
what they can get out of it; but it is not alone from those who 
seek office that officials should be chosen. Gradually we are 
coming to realize that the office should seek the man, not the 


14 


GOVERNMENT AND POLITICS 


man the office. Hence if a considerable number of voters de¬ 
sire a certain man or woman to accept office, the nomination 
should not be declined. Every citizen owes the community a 
certain amount of public service, even at a personal sacrifice. 

GENERAL REFERENCES 

Ashley, Roscoe L., The American Federal State (1903), ch. i. 

Bagehot, Walter, Physics and P niiics (1906). 

Black, H. C., American Constitutional Law (1897), chs. i-ii. 

Bluntschli, J. K., The Theory of the State (1901). 

Burgess, John W., Political Science and Comparative Constitutional /mv 
(1902), I, pp. 1-89; ii, pp. 1-40. 

Jenks, E., History of Politics (1900). 

Landon, Judson, The Constitutional History and Government of the Unit 'd 
States (1905), chs. xvii-xviii. 

McClain, Emlin, Constitutional Law in the United States (1905), ch. i. 
McLaughlin, A. C., and Hart, A. B., Cyclopedia of American Government 
(1914); Articles on State, Nation, Government, etc. 

Pollock, Frederick, Introduction to the History of the Science of Politics (19 K)). 
Sidgwick, Henry, Elements of Politics (1897). 

Willoughby, W. W., The Nature of the State (1896). 

- The Rights and Duties of American Citizenship (1898), part i. 

Wilson, Woodrow, The State (1906), ch. i. 

Woodburn, James A., The American Republic and its Government (1903), 
chs. i-ii. 

Young, James T., The New American Government and Its Work (1915). 

QUESTIONS AND EXERCISES 

1 . Explain why government is necessary. Why is the study of govern¬ 
ment important to every citizen? 

2 . What are some of the obligations of the individual toward government? 
Of government toward individuals? 

3. What is a constitution? Who adopts it, and what is it for? 

4. What are the respective merits and defects of written and of unwritten 
constitutions? 

5. What are the three departments of government, and what does each do? 

6 . What are the advantages of distributing governmental powers among 
three separate departments? 

7. What work, in general, is performed by the national government? By 
the State and local governments? Make a list of the services performed 
by each of these governments. 

8 . Tell how government protects the people. 

9. How does government protect the public health? 

10 . Who looks after street paving in your community? Street lighting? 

11 . How are the forests protected? Why is this protection necessary? 

12 . Name several nations which have established separate national gov¬ 
ernments in modern times. {Cambridge Modern History, xi; Burgess, 
John W., Political Science and Comparative Constitutional Law, i, pp. 
37-39.) 

13. Prepare a report upon the origin of representative government in the 
United States. (Kaye, P. L., Readings, pp. 21-25.) 



CHAPTER II 


ORIGIN OF RURAL LOCAL GOVERNMENT 

17 . Relation of Local to State Governments. In a coun¬ 
try whose government is centralized, the national authority 
determines the form and attributes of the local Diversity of 
governments; and hence in such states as Great i^“aYgo*v- 
Britain, France, and Italy, the system of local 
government is in large measure uniform in all parts of the 
country. On the contrary, under a federal government 
such as exists in the United States, regulation of local 
government is left to the individual States, each of which 
decides for itself what local areas and authorities shall exist 
within its borders.^ Hence diversity instead of uniformity 
characterizes local government in this country, the systems 
established by the various commonwealths agreeing on 
some points, but differing on many others. 

In every commonwealth local government is administered 
through certain local agencies created by the State legisla¬ 
ture, by which body they may be regulated, modi- 
fied, or even entirely destroyed.^ These local acter of local 
divisions have a dual character: they are ( 1 ) agen¬ 
cies of the State government, which entrusts them with 
the local administration of certain public or governmental 
functions; and ( 2 ) they are also organs designed to satisfy 
local needs and to regulate the internal affairs of particular 
districts. 

1 In other words, “the American system is one of complete decentralization, the primary 
and vital idea of which is, that local affairs shall be managed by local authorities, and gen¬ 
eral affairs only by the central authority.” — Cooley, Thomas M., Constitutional Limitations, 

p. 261. 

* But nearly all State constitutions contain important limitations upon the legislature’s 
power over local areas, as well as provisions designed to guarantee to the localities 
important rights of local self-government. 


16 


GOVERNMENT AND POLITICS 


18 . Classification of Local Governments. Local govern¬ 
ments may be classified into two groups: (1) rural govern- 
Ruraiand ments, including the township and county (to- 
gether with their various subdivisions — school 
districts, election and road districts); and (2) urban govern¬ 
ments, including villages and cities. 

Of rural local governments there are three leading types 

in the United States: (1) the town or township type in the 

Types six New England States; (2) the county or county- 

of rural precinct type in the South, Southwest, and in the 

government fl . . , • . • 

Far West; (3) the mixed or compromise type m 

the Middle, Central, and Northwestern States. These three 

types are a survival or reproduction of the three forms 

of local government which prevailed in colonial America; 

and the variety of types springs from differences in the 

character and economic environment of the early settlers. 

IQ. Origin of Town Government. Town government is 
New England’s contribution to American local government. 
The Qer- But this form of government is much older than 
man mark England, older even than the English nation 

itself, for it was brought from northern Germany by those 
Teutonic tribes from the union of which the English people 
has sprung. 

The old English town, like its prototype the German 
mark, was surrounded by a hedge or fence (tun), and was 
The early originally inhabited by men united by the ties of 
common speech and religion, and real or assumed 
kinship. “ Harling abode by Harling, and Billing 
by Billing; and each ‘ wick ’ or ‘ ham ’ or ‘ stead ’ or ‘ tun ’ 
took its name from the kinsmen who dwelt together in it. 
In this way the home or ‘ ham ’ of the Billings was Billing- 
ham, and the ‘ tun ’ or township of the Harlings was Har- 
lington.” ^ Thus the early town was the home of a clan 
which had given up a wandering mode of life and settled 
upon a definite tract of land. 

1 Green, John Richard, History qf the English People, book i, ch. 1. 


English 

town 


ORIGIN OF RURAL LOCAL GOVERNMENT 17 


Common ownership and cultivation of the land was the 
striking feature of the town’s economic life. Each family 
had its dwelling with a plat of ground, and owner- Economic 
ship of this plat carried with it the right to culti- 
vate a certain portion of the communal land, as well as the 
right of pasture in the undivided land or waste. 

The government of this community was thoroughly 
democratic. In the tun-moot or town-meeting, all the free¬ 
men assembled to enact by-laws, ’ adjust disputes, 
and try petty offenses. Here also the chief officers 
of the town, the gerefa or head-man, the hydel or messenger, 
and the tithingman were elected; and the orders of the higher 
authorities relative to such matters as taxation and the pur¬ 
suit of criminals were carried out. Further, the town was 
the unit of representation for the larger areas of govern¬ 
ment. Certain villagers were sent to represent it in the 
assemblies of the hundred and the shire, ^ thus laying the 
foimdation for the system of representative government 
that has become characteristic of English institutions. 

During the Norman period the town was known as the 
manor, and was dependent upon some feudal lord. At a 
later period the manor was called the “ parish.” influence 
Originally the parish was an ecclesiastical divi- E^g^and^ 
sion for the collection of tithes; but its boundaries institutions 
ordinarily coincided with those of the town or manor, and 
from 1580 to 1640, “ town ” and “ parish ” were used in 
England as convertible terms. It was with the parish sys¬ 
tem of English local government that the New England 
colonists were familiar; but they preferred to call their new 
communities by the older term “town,” using the word 
“ parish ” to denote an ecclesiastical area. Different condi¬ 
tions in the new world brought about many modifications, 
but on the whole the development of American local gov- 

* That is, town-laws: from the Danish hy, town. 

* The hundred was a local division which included a number of townships. The shire 
(later called the county) was a still larger local area containing a number of hundreds. 


18 


GOVERNMENT AND POLITICS 


eminent is a continuous process from English institutions 
of the seventeenth century. 

20 . Origin of the County. The county, like the town, is 
an English institution transplanted to American soil. The 
Derived English county or shire dates from the Anglo- 

Saxon invasion of Britain (a.d. 449-600), and in 
shire many cases denotes the territory seized by one of 
the invading tribes. Thus Essex, Middlesex, and Sussex 
are the districts originally occupied by the West Saxons, 
Middle Saxons, and South Saxons; and Norfolk and Suffolk 
mark the lands held by the “ North folk ” and “ South 
folk,” two tribes of the Angles. In the course of time several 
shires combined to form kingdoms, as Northumbria, Mercia, 
and Wessex; and finally the ruler of Wessex became king of 
all England. The various shires then became subordinate 
parts of the new kingdom, although retaining important 
powers of local government. In later times new shires were 
created as convenient administrative districts. Each shire 
included a number of hundreds and many towmships. 

The principal officers of the shire were two, the ealdorman 
and the shire-reeve or sheriff. Each shire had its general 
Shiro assembly, the shire-moot, which met regularly 
government ^ year. Its sessions were attended by rep¬ 

resentatives of the towmships, and by the great landowners 
and public officers. The shire-moot was a court for the 
trial of important cases; and it was also the agency whereby, 
through the sheriff, the jurisdiction of the national govern¬ 
ment was enforced. Thus the shire, like its successor the 
county, was both a self-governing local organism and an 
administrative agent of the central authority. 

21 . Establishment of Towns in New England. For a 
number of reasons, the New England colonists settled in 
Conditions small communities known as towns, instead of 
favoring scattering over larger areas. (I) The first New 

England colonists were Puritans in religion, and 
the early settlements were made by church congregations. 


ORIGIN OF RURAL LOCAL GOVERNMENT 19 


each headed by its minister. Such a group of people 
would naturally wish to have their houses near together so 
that all might worship at the common church. ( 2 ) The 
economic conditions also favored the development of towns. 
The New England coast is indented by many bays and har¬ 
bors : the rivers are generally rapid and unfit for navigation: 
the sterile soil is not adapted to the cultivation of large 
estates. Hence many of the people settled on small farms, 
raising little more produce than they themselves needed; 
while others engaged in commerce and fisheries, which like¬ 
wise tended to close settlement. (3) Then, too, the Indian 
tribes were hostile, and it was easier to defend a compact 
community against sudden attack than a widely scattered 
population. (4) Finally, the influence of custom and tradi¬ 
tion must not be overlooked. Many of the settlers were 
themselves townsfolk; they were influenced by the Teutonic 
traditions of local government later modified by English 
practice; and hence on meeting in this country the primi¬ 
tive conditions that existed in the early Teutonic environ¬ 
ment, they established local communities remarkably like 
the ancient German mark. 

22 . Characteristics of Early New England Towns. The 
New England town was usually located near the seacoast 
or on the banks of a river, and was surrounded Economic 
by a stockade which served as a defense against 
the Indians. The term “ town ” was applied not only to the 
group of dwellings within the stockade, but included also 
the outlying rural area which was gradually brought under 
cultivation as the Indians were pressed back. As in the 
German mark, ownership of a “ house-lot carried with it 
the right to cultivate certain outlying fields, and to pasture 
cattle in the undivided land. Each town had its church, 
and its blockhouse for defense against the Indians. 

The government was a pure democracy, the residents 
coming together in town-meeting for the regula- 
tion of local affairs and election of oflScials. The government 


20 


GOVERNMENT AND POLITICS 


governmental functions of the town included maintenance of 
highways, care of the poor, support of public schools, assess¬ 
ment and collection of taxes, organization of a local militia, 
election of a representative to the colonial assembly, and 
even the regulation in minute detail of the private conduct 
and affairs of the inhabitants. 

Such a community was in fact a miniature commonwealth 
exercising sovereignty over the persons and property within 
Relation to limits. As the colonial governments were es- 
coioniai tablished, they claimed and exercised authority 
government towns, but the latter retained an almost 

complete control over local affairs. Counties were created 
chiefly as convenient judicial districts; and although they 
afterwards acquired other functions. New England counties 
have always occupied a distinctly subordinate position in 
local government as compared with the towns. 

23 . Rise of the Southern County. Economic and social 
conditions in the Southern colonies were in marked contrast 
Social and those existing in New England, and hence 

institutional development was naturally along 
different lines. ( 1 ) The Southern colonists were 
not Puritans, but Episcopalians: they did not come to 
America in groups of families from the same neighborhood, 
but as a multitude of individuals from various classes of 
society. ( 2 ) The Indian tribes at the South were compara¬ 
tively peaceable, so that it was not necessary for the settle¬ 
ments to be close together for mutual defense. (3) Finally, 
the economic conditions were such as to favor the scattering 
of population over a wide area. The soil was very fertile, 
the rivers slow and navigable, forming harbors far in the 
interior where English ships could exchange their cargoes 
of manufactured goods for American tobacco. The warm 
climate was favorable to African labor; and the system of 
slavery once introduced spread rapidly. Large plantations 
were the rule, and a modified form of feudalism was created, 
authority being vested in the great landowners. The natural 


conditions 


ORIGIN OF RURAL LOCAL GOVERNMENT 21 


result of slavery was to degrade manual labor, thereby pre¬ 
venting the rise of a prosperous middle class; and an insur¬ 
mountable social distinction separated the plantation own¬ 
ers from the landless settlers. Thus an aristocratic type of 
society was developed at the South as naturally as a demo¬ 
cratic type in New England. 

24 . Government of the Southern County. As the houses 
of the planters were miles apart, it was necessary that the 
local governmental divisions should include a oounty 
considerable area; and hence county governments court and 
modeled after the English county were created. 

General administration of local affairs was entrusted to a 
county court, commonly composed of eight justices. Be¬ 
sides exercising judicial powers, these oflBcials supervised 
the local affairs of the county. Other oflBcers were the sheriff, 
coroner, and county lieutenant, entrusted with duties simi¬ 
lar to those of the corresponding county oflBcers in England. 
Nominally the governor appointed the justices and other 
principal oflBcers; but in practice the justices themselves 
nominated candidates, who were then commissioned by the 
governor. Thus the county court became a close corpora¬ 
tion or self-perpetuating body composed of the leading 
gentry of the county. 

25 . The Southern Parish. The English parish was repro¬ 
duced in the Southern colonies under the same name, but 
being overshadowed by the county, its functions subordinate 
were of slight importance. To the parish vestry 

was entrusted the assessment of local rates, appointment 
of church-wardens, and care of the poor. The vestrymen 
were at first elected by the people of the parish; but later 
they obtained the power to fill vacancies in their number, 
and like the county courts became self-perpetuating bodies. 
Ultimately the parishes became purely ecclesiastical divi¬ 
sions, the counties remaining the all-important units of 
local administration. 

26 . Contrast between New England and Southern Sys- 


22 


GOVERNMENT AND POLITICS 


terns. Thus in several respects, the local government of the 
Southern colonies presents a striking contrast to 
Important that of New England. First, it was less demo¬ 
cratic. In New England the people in town¬ 
meeting managed local affairs and chose their local oflScials; 
while at the South the governing authority was vested in 
the leading planters of each county, who through the gov¬ 
ernor dictated the appointment of county officers. Second, 
the Southern county was the unit for local administration as 
well as for representation in the colonial assemblies; while 
in New England the town was the unit for both purposes. 
But the Southern counties were not such important organs 
of local government as the towns. The New England State 
has been called a combination of towns; but the Southern 
State was a political whole whose local divisions possessed 
little independent life, having been created chiefly for con¬ 
venience in judicial and financial administration. 

27 . Township-County System of the Middle Colonies. 
In the Middle Colonies^ economic conditions were favorable 
Acompro- to either the town or the county system of local 
mise type government. This region has a rich soil and also 
fine seaports which invited to commerce. Hence flour¬ 
ishing towns arose with interests quite different from those 
of the surrounding rural population. Gradually there de¬ 
veloped a mixed or compromise type of local government 
known as the township-county system, which aims at a par¬ 
tition of powers between the town and the county. Thus in 
political organization, as in geographical position, the Mid¬ 
dle Colonies were midway between the town system of New 
England and the county system of the South. Local govern¬ 
ment in the Middle Colonies is especially important because 
of the profound influence which its township-county system 
was destined to exert upon the local institutions of the 
Central and Northwestern States. 


* New York, New Jersey, Pennsylvania, Delaware, and Maryland. 


ORIGIN OF RURAL LOCAL GOVERNMENT 23 


GENERAL REFERENCES 

Adams, Herbert B., The Germanic Origin of New England Towns, John 
Hopkins University Studies (1883), i, no. 2. 

Bryce, James, The American Commonwealth (1908), i, ch. xlviii. 

Channing, Edward, Town and County Government in the English Colonies of 
North America, Johns Hopkins University Studies (1884), ii, no. 10. 

Cleveland, F. A., The Growth of Democracy in the United States (1898). 

Fairlie, John A., Local Government in Counties, Tovms, and Villages (1906), 
chs. i-iii. 

Fiske, John, Civil Government in the United States (1904), chs. ii-iii. 

Goodnow, F. J., Comparative Administrative Law (1903), i, pp. 162-177. 

Green, John R., History of the English People (1900), i, book i, ch. i. 

Hart, A. B., American History told by Contemporaries (1906), ii, ch. xi, no6'. 
75-79. 

- Practical Essays on American Government (1893), nos. 6, 7. 

Howard, G. E., An Introduction to the Local Constitutional History of thi 
United States (1889). 

Montague, F. A., The Elements of English Constitutional History (1894), 
chs. i-iv. 

Thwaites, R. G., The Colonies (1910), pp. 55-58, 192-193. 

Tocqueville, Alexis de. Democracy in America (1898), i, ch. 5. 

Wilson, Woodrow, The State (1906), secs. 287, 938-951, 1033-1049. 


QUESTIONS AND EXERCISES 

1 . Summarize the advantages and disadvantages of a decentralized sys¬ 
tem of local government. (Section 17.) 

2. Illustrate the dual character of local governments: (a) by giving ex¬ 
amples of public or governmental services which they perform; (b) by 
citing examples of local affairs entrusted to their control. 

3. Which of the three systems of local government named in Section 18 
prevails in your State? 

4. Draw an outline map of your State, and mark with different colors the 
boundaries of the county in which you live, and also the boundaries 
of the townships (or towns) within your county. 

5. Write a brief history of the county in which you live. 

6 . Give the area and population of your county. 

7 . How many counties are there in your State? Name the five counties 
having the largest population at the latest census. Name the five 
counties having the largest area. 

8 . What is the county seat of your county? Is it centrally located? Is it 
the largest city in the county? 

9. Visit your courthouse and other county buildings, note the uses to 
which they are put, and prepare a class report upon any facts thus 
learned. 

10 . Show the antiquity of some features of town government in New 
England. 

11 . Look up the meaning of ham, wick, and stead. Think of towns whose 
names contain these words; also of towns whose names contain the word 
ton or tun. 

12 . Write a brief history of the town (or township) in which you live. 

13. What is the area of your town or township? Its population? 



CHAPTER III 


STRUCTURE AND FUNCTIONS OF RURAL LOCAL GOVERNMENT 

28. General Features of New England Towns. In exam¬ 
ining the present structure of rural local governments, we 
shall commence with the New England town, which is the 
all-important local unit in the six New England States. The 
town, it must be remembered, is a rural, not an urban com- 
mimity.^ New England towns are generally irregular in 
form, with an area of from twenty to forty square miles. 
The population averages under 3000 . The town is some¬ 
times an agricultural, sometimes a manufacturing commu¬ 
nity; and not infrequently both industries are carried on, 
this diversity in industrial life often causing discord in town 
politics. Communal property rights — the striking feature 
of the early town’s economic life — have been abandoned 
as unsuited to modern economic conditions; but the chief 
political characteristic of the ancient town — local self- 
government through a popular assembly — has been re¬ 
tained. 

29. Important Elements in Town Government. The two 
most important elements in town government are the town- 
The town- meeting and the board of selectmen. The town- 
meeting meeting is an assembly of the qualified voters 
held regularly once a year, usually in the spring. 2 Special 
meetings are called from time to time as occasion demands. 
The meeting is summoned by a warrant notifying the voters 
to meet at a certain time and place to transact the business 
specified in the warrant. Meetings are held in the town hall 

V But many towns are at least semi-urban, and others which may be classed as urban 
(with a population exceeding 8000 ) have retained their early form of town government in¬ 
stead of incorporating as villages or cities. 

* Except in Connecticut, where the annual meeting generally comes in October. 


FUNCTIONS OF RURAL LOCAL GOVERNMENT 25 


if there is one, otherwise in some church or schoolhouse. 
A moderator presides, and the town clerk acts as secretary. 

The most important functions possessed by this body are 
( 1 ) that of local legislation, and ( 2 ) of electing the town 
officials. As a legislative body the town-meeting 
has power to enact by-laws regulating local affairs, 
including local finance, schools, poor relief, highways, pub¬ 
lic works and institutions, police, and sanitation. At each 
annual meeting, the town officers report in detail as to their 
administration of the town’s affairs, and submit estimates 
of the funds needed for the ensuing year. The town-meet¬ 
ing then discusses the report,^ determines town policies for 
the following year, votes taxes for local purposes, and elects 
the town officers.^ 

Of the town officers, the most important are the select¬ 
men,® an executive board of from three to nine members, 
generally chosen for a term of one year. This Town 
board is charged with the general supervision of 
town affairs under authority conferred by statute or by the 
town-meeting. Other officers are the clerk, who keeps the 
town records, issues marriage licenses, and registers vital 
statistics; the treasurer, collector of taxes, assessors, con¬ 
stables, school committee, highway officers, overseers of 
the poor, library and cemetery trustees, and many others. 

In addition to their local duties, town officers act as 
agents of the State government for the assessment and col¬ 
lection of State taxes, enforcement of election and health 
laws, and other important services. 

30 . The New England Coimty. In its origin the New 
England county was an aggregation of towns for judicial 
purposes; and although it has since acquired other func¬ 
tions, it is still primarily a judicial district in which civil and 
criminal courts are held, some by county, others by State 

» The most characteristic feature of the town-meeting is the lively and interesting debate, 
which affords a valuable political training. 

* Formerly representatives to the State legislature were chosen in town-meeting, but now 
they are generally chosen from districts at the regular State election. 

* In Rhode Island known as the town council. 


26 


GOVERNMENT AND POLITICS 


judges. ^ Of late years the county has gained ground as an 
administrative unit, although still occupying a subordinate 
position in local government. 

In each county the people elect a sheriff, who is the 
principal executive oflficer attached to the court; also a 
County prosecuting attorney, clerk, treasurer, and a board 
officers commissioners, generally consisting of 

three members elected at large. ^ The commissioners have 
charge of the county buildings (such as courthouses, jails, 
and in some States, poorhouses). They estimate the amount 
of taxes needed to defray county expenses, and apportion 
this amount among the various towns and cities by which 
it is levied.^ Only in this last respect does the county exer¬ 
cise control over the towns. 

31. The Southern County. The Southern county was 
originally established as a judicial division in which courts 
were held, and as a financial district for the collection of 
State taxes. Other functions have been gradually acquired 
until to-day the Southern county has general charge of most 
local affairs, including schools, the maintenance of jails and 
poorhouses, and the construction and repair of bridges and 
highways. 

General administrative authority over county affairs is 
vested either in a county court or in a small board of com- 
Oounty missioners, members of which are chosen by the 
officers voters. Other county officers are the assessor, col¬ 
lector, auditor, treasurer, superintendent of education, over¬ 
seers of roads, superintendent of the poor, clerk, recorder, 
surrogate; also county judges, a sheriff, coroner, and pros¬ 
ecuting attorney (the last-named officer sometimes acting 
for a judicial district including several counties). All of 
these officers are elected by popular vote, for terms varying 
from one to four years. 

^ In Rhode Island there are no county officers other than judicial. 

* In Connecticut the commissioners are chosen by the State legislature. 

* In New Hampshire and Connecticut the commissioners do not exercise the power of 
taxation or of making appropriations. 


FUNCTIONS OF RURAL LOCAL GOVERNMENT 27 


32. Minor Local Divisions in the South. Practically all 
the functions of local government are monopolized by the 
Southern county.^ The smaller local divisions have very 
limited powers, and their officers are generally controlled by 
county authorities. Townships were established in Virginia, 
West Virginia, North Carolina, and Alabama by the recon¬ 
struction legislation following the Civil War; but they were 
soon afterwards entirely abolished, or reduced to precincts 
for the election of constables and justices of the peace. 
School districts exist in all of the Southern States, but 
possess slight powers of local taxation or administration. 

33. Township-County System of Local Government. 
The westward movement of population in this country has 
been generally along parallels of latitude. Thus westward 
the Southwest has been peopled largely by set- “*8;*’***°“ 
tiers from the Southern States, who carried with them the 
county system of local government; while men from New 
England and the Middle States emigrated to the Middle 
West and Northwest, and established there the township- 
county system of local government, also called the mixed or 
compromise system because it is a compromise between the 
local institutions of New England and those of the Middle 
States. 

Under this plan the functions of local government are 
divided between county and township, both units cooper¬ 
ating in the work of administration. The county compromiso 

is relatively less important than at the South, the 0* local 
, . , . , ♦ XT 1 1 government 

township less important than m New England. 

This form of local government prevails throughout the great 

group of States extending from New York to Nebraska, 

which together contain more than half the entire population 

of the country. The township-county system is therefore 

the most representative type of local government in the 

United States. 

34. Origin of the Township in the West. Township gov- 

> In Louisiana the division corresponding to the county is called a parish. 


28 


GOVERNMENT AND POLITICS 


nance of 
1786 


eminent in the Middle West dates from the Ordinance of 
Landordi- providing for the survey and sale of the 

lands ceded to the federal government by the 
several States and by certain Indian tribes. In 
accordance with the plan of survey adopted, the public 
domain was divided into tracts six miles square, which were 
designated by the New England name of townships. For 
purposes of record and sale, each township was divided into 
thirty-six sections, each containing one square mile or 640 
acres, the sections being subdivided into tracts of 160, 80, 
and 40 acres. 

Judged by its economic results, the Ordinance of 1785 is 
one of the most important administrative measures ever 
Economic adopted. Its simple and accurate method of sur- 
resuits greatest convenience to settlers 

and facilitated the rapid peopling of the new territory. The 
western pioneer could readily and accurately locate his 
claim or homestead without requiring the services^of a sur¬ 
veyor. Furthermore the land was sold at a nominal price 
to settlers who perfected their titles by residing on and 
cultivating their homesteads. 

35 . Development of the Congressional Township. The 
germ of future civil organization was the requirement that 
in every township one section of land should be 
set aside for the support of public schools. This 
was the sixteenth section, near the center of the 
township; and by a later act (1848), the thirty-sixth section 
in the southeast corner was also reserved. All revenue de¬ 
rived from this land by sale or otherwise was to constitute 
an inalienable fund for school purposes. 

When a new State was formed out of this western terri¬ 
tory, the county plan of local government was first adopted, 
since that form is cheaper and better suited to a scattered 
population. But since in each township land had been re¬ 
served for the public schools, it naturally followed that the 
township was made a body corporate and politic for school 


Land for 

public 

schools 




ROAD-MAKING 

Two views of the same road at Johnson City, Tenn., showing its condition before 








i 


t 






I 


V 


i 

I 



1 





r 




r-, 





i t 



I 





FUNCTIONS OF RURAL LOCAL GOVERNMENT 29 


purposes, its inhabitants being authorized to elect school 
officers and maintain free schools. Since the schoolhouse 
in the center of the township affords a convenient place for 
the citizens to vote for State and national officers, the con¬ 
gressional township, already organized for school purposes, 

next becomes an election district. Then as the „ ' 

1 .. . 1,1 Develop- 

population increases and the volume of public mentofcivu 

business grows larger, the need is felt for a govern- 
mental area smaller than the county to look after such mat¬ 
ters as the preservation of order, the building of highways, 
and the care of the poor; and so to the township is entrusted 
the election of constables, justices of the peace, superin¬ 
tendents of highways, and overseers of the poor. “ In this 
way a vigorous township government tends to grow up 
about the schoolhouse as a nucleus, somewhat as in early 
New England it grew up about the church.” ^ 

36 . Differentiated Types of Township-County System. 
Two forms of this township-county government have de¬ 
veloped, the difference in type being partly due to origin oi 
diversity in the original population. In the south- 
ern tier of the Central States, where the early settlers werei 
largely from the Middle States and the South, the impor¬ 
tance of the county has been emphasized; while in the north¬ 
ern tier, where New Englanders formed a larger element 
among the early inhabitants, the position of the township 
is more important. These two forms of the compromise 
plan of local government are sometimes called the county- 
precinct type and the township-county type, the former 
emphasizing the position of the county, the latter that of 
the township. 

The first of these types, in which the county is relatively 
more important, arose in Pennsylvania, and has since been 
adopted with modifications in Ohio, Indiana, county-pre- 
Iowa, Kansas, and Missouri. In these States 
there is no town-meeting nor are the townships represented 

* Fiske, John, Civil Governmnt in the United States, p. 87 , 


so 


GOVERNMENT AND POLITICS 


on the county board. In general the position of the town¬ 
ship is one of strict subordination to county authority. 

The second type, where the township is more conspicuous, 
prevails in New York, New Jersey, Michigan, Illinois,^ Wis- 
Township- consin, Nebraska, Minnesota, and the Dakotas, 
county type these States the town-meeting exists, while 

five of them — New York, New Jersey, Michigan, Illinois, 
and Wisconsin — follow the so-called New York plan 
whereby the townships are represented on the county board. 

37 . The Town-Meeting in the Central States. In the 
States that have the New York plan, a town-meeting is 
Election of although its authority is less than in New 

township England. In this meeting all qualified voters of 
the township are entitled to participate. The 
annual session is generally held in March or April, special 
meetings being called by warrant as occasion requires. The 
most important business at the annual meeting is the elec¬ 
tion of township officers for the ensuing year. The officers 
are chosen by ballot, and generally consist of a supervisor, 
clerk, treasurer, assessor, and overseers of highways, all 
elected for one year; and two or more constables and jus¬ 
tices of the peace, elected for terms varying from two to five 
years. 

Besides its power to elect local officers, the town-meeting 
has important legislative powers. Numerous matters that 
LegisiaUvo are local in character, affecting only the township, 
powers subject to the control of the people in town¬ 

meeting. They may make orders concerning the disposition 
of township property; authorize taxes for roads, bridges, 
schools, or other lawful purposes; vote to institute or defend 
suits at law; receive the annual report of township officers 
charged with the disbursement of money, and direct these 
officers in the performance of their duties; and generally 
may enact such by-laws as are deemed conducive to the 
peace, welfare, and good order of the township. 

* Except in seventeen counties in tbe southern part of the State, which have no township 
orpanization. 


FUNCTIONS OF RURAL LOCAL GOVERNMENT 31 


38. The Township Board and the Supervisor. Under the 
Pennsylvania plan there is no town-meeting, and the posi¬ 
tion of the township is less important as compared with that 
of the county. But in general, the same township officers 
are chosen as under the New York plan, and the following 
description of township organization applies to both types. 

In some States, general administrative authority over 
township affairs is vested in a board of trustees or super¬ 
visors, varying in number from three to eleven. ^ The town- 
The powers of this board vary greatly, but its 
primary duty is to audit the accounts of the township offi¬ 
cers, and pass upon all claims against the township. Other 
important duties are often performed, especially in States 
where there is no single head officer of the township. 

In New England, general executive authority concerning 
township affairs is lodged in the selectmen. In a number of 
the Central States, similar authority is vested in a township 
board; while in others a double headship prevails, adminis¬ 
trative authority being divided between the township board 
and a supervisor or trustee. ^ The supervisor or trustee has 
general charge of the township business. He receives and 
pays out all funds belonging to the township, makes an 
annual report upon financial affairs to the town-meeting, 
serves in some States as ex officio overseer of the poor, and 
has other clerical and executive duties. 

39. Other Township Officers. The clerk is custodian of the 
township’s records, books, and papers, besides acting as 
secretary of the town-meeting, and as clerk of the Clerk, 
township board. The treasurer has charge of the and**^*^**^’ 
township funds, and frequently is also ex officio assessor 
collector of taxes for State and county as well as township 
purposes. Usually all taxes. State as well as local, are as- 

* In New York, Michigan, Illinois, and Nebraska, this board consists of the supervisor, 
clerk, and the justices of the peace; in Pennsylvania, of two or more supervisors; in Ohio 
and Iowa, of three trustees; in Minnesota, Wisconsin, and the Dakotas, of three super¬ 
visors; in Indiana, of three freeholders specially elected for this purpose. 

3 This plan prevails in New York, Alissouri, Kansas, Wisconsin, Michigan, Illinois, and 
Nebraska. 


32 


GOVERNMENT AND POLITICS 


sessed by the township assessor; and this oflficer is also 
required in some commonwealths to take an annual census 
of the inhabitants of his district, and to keep a record of 
births and deaths. All these officers are elected by the 
voters of the township. 

Poor relief is for the most part a county function in the 
Central States, although the townships commonly cooper- 
Overseers ate in the work. ^ Generally the township trustees 
ofuiepoor officio as overseers, their duties being 

mainly confined to granting temporary relief or deciding 
what persons are entitled to admission to the county 
almshouse. 

Overseers of the highways are generally elected or ap- 
Overseersof pointed from subdivisions of the county known 
aighways districts. These officers are charged with 

the maintenance of the highways, and are accountable to 
the township or county board. 

Each township elects from two to five justices of the 
Justices of peace, and usually two constables. The justice 
is both a conservator of the peace and a magis¬ 
trate with limited civil and criminal jurisdiction. 
The constable is the local peace officer, and the ministerial 
officer of the justices’ court. 

40. The School District. School districts in the Central 
States are local corporations distinct from the township; 
but they generally correspond in area with the township or 
else are subdivisions thereof. In about half of the Central 
States, the voters in each school district hold meetings, 
similar to the New England town-meetings, for the purpose 
of electing school officers and levying taxes for school pur¬ 
poses. The officers or trustees in charge of district schools 
are generally three in number, elected for terms varying 
from one to four years. Where there are no school-meetings 
of the voters, these officers have full control; while in States 


the peace 
and con¬ 
stables 


* In Pennsylvania, New York, and New Jersey, overseers of the poor are elected in the 
townships and have important duties. 


FUNCTIONS OF RURAL LOCAL GOVERNMENT 33 


having such meetings, the trustees carry out the policies 
adopted and manage the details of school affairs. 

41. The County Board in the Central States. The impor¬ 
tance of the county, as we have seen, is greater in those 
States that have the county-township plan of Pennsylvania, 
less in those that have the New York plan. Un- organi- 
der the Pennsylvania plan, general control over 
county affairs is vested in a board of three commissioners, 
elected by the voters of the county.^ Under the New York 
plan, the larger county board is composed of the township 
supervisors.^ 

42. Fimctions of the County Board. The authority of 
the county board varies, being greater in those common¬ 
wealths having the Pennsylvania plan, and less in those 
where the New York system prevails. But in all the Central 
States it possesses considerable powers. The most impor¬ 
tant may be grouped under five heads. 

(1) The erection and maintenance of public works, such 
as the courthouse, jail, and other county buildings, the con¬ 
struction of bridges, and some control over highways. 

( 2 ) Poor relief, including the issuing of warrants for ex¬ 
penses incurred by local overseers, employment of a county 
physician and a superintendent of the poor, and mainten¬ 
ance of a poor-farm. 

(3) The administration of finance and taxation, including 
the audit of accounts of county officers, levy of county 
taxes,® and equalization of township assessments. 

(4) A limited degree of supervision over elective county 
officers, such as approval of their bonds and examination 
of their accounts. 

(5) Certain duties in regard to elections, including the 

* The commissioner plan prevails in Pennsylvania, Ohio, Delaware, Maryland, Indiana, 
Iowa, Minnesota, North Dakota, South Dakota, Kansas, and Nebraska. 

* The supervisor plan prevails in New York, New Jersey, Michigan, Wisconsin, and 
throughout the greater part of Illinois. 

* The taxing power is usually limited to authorized purposes and restricted by a maximum 
rate. The principal items of county expenditure are for courts, roads, and bridges, and poor 
relief. 


34 


GOVERNMENT AND POLITICS 


establishment of polling-places, issuing of ballots, and can¬ 
vass of election returns. 

43. The County's Judicial Officers. In many States, each 
county elects a judge, often called a probate judge, who has 
County and original and exclusive jurisdiction in matters of 
chosen" probate, administration, and guardianship. Fre- 
judges quently the voters of the county elect judges for 
a court of general jurisdiction; but generally judges of these 
courts are chosen from districts which include several 
counties. 

The chief executive officer of the county court is the 
sheriff, who is also the general conservator of law and order 
The within the county. In case of need, the sheriff 

sheriff right to call upon citizens to aid him in 

enforcing the law (that is, may summon the posse comita- 
tus ); or if the emergency warrants, he may ask the governor 
to send the State militia to the county. The sheriff is chosen 
by the voters, ^ commonly for a term of two years. 

The prosecuting attorney ^ is the officer elected to con¬ 
duct criminal prosecutions, also to represent the county in 
Prosecuting suits, and in general to act as its legal ad¬ 

viser. Another elective official is the coroner,^ 
who with the aid of a jury investigates the cause 
of mysterious or violent deaths. 

44. Financial and other County Officers. The treasurer is 
custodian of the county funds, and generally ex officio col- 
Treasurer ^^^^or of county and State taxes. The money thus 

collected is placed in different funds, as the gen¬ 
eral fund, school fund, and so forth. The treasurer is com¬ 
monly elected by the voters. Two years is the usual term, 
and the State constitution frequently provides that no 
person shall serve for more than four years in succession. 

The most important administrative officer is the county 
clerk, or auditor as he is known in some States. He is sec- 


attorney 
and coroner 


* Except in Rhode Island, where this officer is chosen annually by the general assembly. 

* Also known as State’s attorney, district attorney, county attorney or solicitor. 

* In Massachusetts an appointive officer, the medical examiner. 


FUNCTIONS OF RURAL LOCAL GOVERNMENT 35 


retary of the county board and custodian of all records; and 
he acts as a check upon the county treasurer, county 
keeping an account of all receipts and expend!- derkor 
tures, and countersigning warrants drawn upon the 
treasurer. In several commonwealths he also acts as clerk 
of the courts, while elsewhere a special officer is chosen for 
this duty. 

Taxes are generally assessed by precinct or township 
officers and equalized by some county authority; but a 
county assessor is elected in a number of States. ^ other 
Other county officers are the recorder or register county 

r 1 1 1 1 1 I* 1 T • . . officers 

oi deeds; the clerk of the district or circuit court; 
the county land surveyor; county boards of health; and (in 
most States) a county superintendent of schools, who is 
entrusted with the general oversight of the county school 
system. 

45. Local Government in the Western States. In the 
States of the Far West as in the South, the county is the all- 
important unit of local government. Western 
county officers correspond in general to those of western 
the Central States. The county boards usually 
consist of three commissioners, who have general admin¬ 
istrative authority, including power to establish school and 
road districts. 

Within the county’s subdivisions — generally called pre¬ 
cincts, one or more justices of the peace and constables are 
chosen by the voters. Owing to the scattered minor 
population throughout most of this region, these 
areas perform few functions as compared with the town¬ 
ships of the Central States. 

* Including Missouri, Washington, California, Oregon, Nevada, Colorado, Wyoming, and 
the Dakotas. 


36 


GOVERNMENT AND POLITICS 


GENERAL REFERENCES 

Ashley, R. L., The American Federal State (1902), ch. xx. 

Beard, C. A., American Government and Politics (1910), ch. xxix. 

- Readings in American Government and Politics (1910), ch. xxix. 

Bryce, James, The American Commonwealth (1908), i, chs. xlviii-xux. 

Cooley, Thomas M., Constitutional Limitations (7th ed., 1903), ch. vin. 

Fairlie, John A., Local Government in Counties, Towns, and Villages (1906). 
chs. iv-xvi. 

Fiske, John, Civil Government in the United States (1904), ch. iv. 

Goodnow, F. J., Comparative Administrative Law (1903), pp. 178-192. 

Hart, A. B., Actual Government (1903), ch. x. 

Howard, G. E., An Introduction to the Local Constitutional History of the 
United States (1889). 

Monographs on Local Government — Johns Hopkins University Studies, 
Series i, nos. 3, 5, 6, 12 (Illinois, Michigan, Maryland, South Carolina); 
II, no. 7 (Iowa); in, nos. 2-3 (Virginia); iv, nos. 2-3 (Rhode Island); 
VIII, no. 3 (Wisconsin); XI, nos. 11-12 (South Carolina); xii, no. 3 (North 
Carolina). 

Wilson, Woodrow, The State (1906), secs. 1209-1259. 

QUESTIONS AND EXERCISES 

(Questions 1-8 are for pupils living in New England.) 

1. How many towns in your State.? What is the population of the largest? 
Of the smallest? 

2. Does town government in New England tend to decrease in impor¬ 
tance? 

3. How many representatives has your town in the legislature? Has this 
apportionment been made in accordance with the population of the 
town? 

4. Prepare an account of your town-meeting, discussing the following 
topics: (a) how composed; (b) method of calling same; (c) how con¬ 
ducted; (d) functions, including election of town officers, making of 
appropriations, enactment of by-laws. 

5. Organize the class into a town-meeting, and discuss live local questions 
in accordance with articles in a warrant. 

6 . Describe the board of selectmen of your town, giving their names, 
term, and functions. 

7. Give the same facts concerning the other executive officers of your 
town. 

8. What local courts exist in your town, or in districts including several 
towns? Wffiat cases do they try? 

(Questions &-15 are for pupils living in the Central, and Middle-Western States.) 

9. How many townships in your county? Name them. 

10 . Does the system of local government in your State belong to the 
county-precinct type, or to the township-county type? (Section 36.) 

11. If there is a township board, give the number of members, term, and 
functions. 

12. If supervisory authority is vested in a single officer, give his title, term, 
and powers. 

13. If there is a town-meeting, answer question 4, above. 

14. Give the names, term, and functions of other township officers. 



FUNCTIONS OF RURAL LOCAL GOVERNMENT 37 

15. How are justices of the peace chosen? What cases are tried before 
them? 

(Questions 16-17 are for pupils in the South and Far West.) 

16. What is the name of the subdivision of the county corresponding to the 
township in the Central States? 

17. Give the names, method of selection, and functions of the oflScers 
chosen within this area. 

(The remaining questions are for pupils in all sections.) 

18. Which of the following public or governmental functions are per¬ 
formed by your county? (a) Administration of justice; (b) collection 
of State taxes; (c) holding of State elections; (d) probating of wills; 
(e) recording of land titles. 

19. Which of the following functions pertaining to local needs are per- 
fornied by your county? (a) Levy and collection of local taxes; (b) ad¬ 
ministration or supervision of schools; (c) construction and main¬ 
tenance of local public works; (d) administration of charities and 
corrections; (e) holding of local elections; (f) enactment of local police 
regulations. 

20 . Prepare an outline showing all the functions performed (a) by your 
town or township; (b) by your county. 

21. Are your roads laid out and maintained by the county or township? 
What was expended for this purpose last year? Are they well improved 
and cared for? Should the State aid in road-making? 

22 . Does your county elect a county judge? Or is this officer chosen by 
a judicial district including several counties? 

23. For what term is the county judge chosen? What cases does he try? 

24. Is there a probate judge in addition to the county judge? Over what 
matters has he jurisdiction? 

25. Who is the sheriff of your county? How chosen? Term? Authority? 

26. Other judicial officers of the county generally include a coroner, pros¬ 
ecuting attorney, and clerk of the court. Give the names, method 
of selection, term, salary, and duties of each. 

27. Legislative authority in county affairs is commonly exercised by a 
county board. Does your board belong to the Pennsylvania type or to 
the New York type? (Section 41.) 

28. How many members compose your county board? How are they 
chosen, and for what term? Describe their powers. 

29. Give the method of choosing, term, and duties of each of the following 
officers (if found in your county): clerk or auditor, treasurer, recorder 
or register of deeds, surveyor, assessor. 

30. Give the same details concerning any other officers in your county not 
included in this list. 

31. Are your county officers paid by fees or salaries? By whom is their 
remuneration determined? Which are the most lucrative offices? 

32. Are the representatives in your State legislature apportioned by 
counties? 


CHAPTER IV 


MUNICIPAL DEVELOPMENT 

46 . Definition of City. If we analyze our conception of 
the term city, we shall find that it includes at least three 
essential elements: ( 1 ) a considerable number of people, who 
(2) occupy a definite and compact territory, and (3) possess 
a local government organized with especial reference to their 
social and economic condition. Hence a city may be defined 
as “ a populous community inhabiting a definite, compactly 
built locality, and having an organized public authority.” ^ 

Like rural local governments, the city has a dual charac¬ 
ter, being an agent of the State government as well as an 
Dual organ for the satisfaction of local needs. Thus in 

character its public or governmental character the munici¬ 
pal corporation represents the State, which en¬ 
trusts it with the performance in a particular locality of 
certain governmental functions — such as local taxation, 
the administration of justice and of the schools, the control 
of elections and of the public health, and the support of the 
poor. On the other hand, in its private or proprietary char¬ 
acter the municipality is an organ for the satisfaction of 
local needs, such as the construction of sewers, paving, 
cleaning, and lighting of streets, supplying water, adminis¬ 
tration of parks, regulation of municipal transportation — 
matters which interest the commonwealth only indirectly, 
but which are of vital local concern. 

47 . Origin of Cities. Economic causes create cities and 
Economic make urban life possible. So long as agriculture 
basis jg sole occupation of a people, cities cannot 
develop, since this industry necessitates a scattered popu- 


* Fairlie, John A., Municipal Administration, vii. 


MUNICIPAL DEVELOPMENT 


39 


lation. But with the creation of a surplus food-supply, men 
develop other and higher wants than the mere subsistence 
wants satisfied by agriculture. Division of labor then oc¬ 
curs, and commerce and manufactures arise — industries 
which tend to bring people together in compact communi¬ 
ties. Thus the existence of cities is the result and sign of a 
separation of occupations. It is also an indication of eco¬ 
nomic progress. Countries in the forefront of modern civil¬ 
ization have a large urban population, while the contrary 
is true of more backward nations. 

48 . Development of Cities. Just as cities owe their origin 
to the economic fact of a surplus food supply, so to economic 
factors is due the great development of cities in Economic 
modern times. Three of the most important are: 

( 1 ) the industrial revolution, inaugurating the factory sys¬ 
tem of modem industry wdth its irresistible tendency to 
mass population in large centers; ( 2 ) extensive improve¬ 
ments in agriculture, displacing rural laborers, who seek 
employment in the cities; (3) a marvelous development of 
transportation which has made possible an unprecedented 
interchange of products. 

In the United States the growth in urban population has 
been most striking. In 1790 about 3^ per cent of the people 
lived in cities; at the present time about 51 per Urbanpop- 
cent. In 1790 there were six cities with over 
8000 population; in 1920 there were 68 cities states 
with a population of 100,000 or more. From 1790 to 1920, 
the total population of the United States increased from 
3,929,214 to 105,710,620; the urban population from 131,472 
to more than 54 , 000 , 000 . 

49 . English Origin of American Municipal Institutions. 
Just as the English system of rural local government fur¬ 
nished the pattern for the system first established miiuence of 
in America, so the English mimicipal borough of EngUsh 

A 1 S3rst6iii 

the seventeenth century was the prototype 01 the 

early American city. Both the organization of the English 


40 


GOVERNMENT AND POLITICS 


borough and the theory of English law as to the relation of 
the borough to the central government have profoundly 
affected American municipal development; and hence the 
nature of the American city will be better understood if we 
know the leading characteristics of the type from which it 
has developed. 

50. Characteristics of British Municipal Government. 
Complete subordination of the municipality to the central 
Subordi- government has been a prominent feature of 
central British municipal administration. In marked 
government contrast to the city-states of the ancient world, 
which were local communities with sovereign governmental 
powers, is the British municipal borough created by, and 
entirely subject to, the central government or Parliament. 

Furthermore the British Parliament has usually been 
very tenacious of its authority, and has consequently 
strict con- g^’^nted the cities comparatively limited powers, 
struction to be exceeded only by its own permission granted 
0 powers special acts. From early times the theory has 
prevailed that so far as public powers are concerned, munic¬ 
ipal corporations are merely the delegates of Parliament, 
which is the ultimate source of all governmental power. 
Hence it has followed that the powers granted by Par¬ 
liament to municipalities have been carefully limited and 
minutely specified. 

From early times to the present, the central fact in the 
government of the British municipality has been the coun- 
Positlon cil. By the provisions of the Municipal Code of 
ot council council consists of the mayor, aldermen, 

and councilors. The municipality acts through its council, 
the body which exercises all powers vested in the corpora¬ 
tion. 

51 . American Municipal History. Turning now to the 
American municipality, we may divide its history for con¬ 
venience of treatment into five periods: (I) 1641-1775; (2) 
1775-1825; (3) 1825-1850; (4) 1850-1875; (5) 1875 to the 
present time. 


MUNICIPAL DEVELOPMENT 


41 


52 . Colonial Cities. Twenty cities received charters dur¬ 
ing the period of colonial history from 1641 to 1775. The 
oldest American city is New York, which received Early 

its first charter in 1686. Trenton in 1746 received 
the last charter granted in colonial times. As in Great 
Britain charters were granted by the executive, so following 
this practice the colonial charters were granted by the 
governors. 

The form of municipal organization closely resembled 
that of the contemporary English borough. Practically the 
entire authority was vested in a council, which Municipal 
consisted of the mayor, recorder, aldermen, and 
councilmen, acting as a single body. The mayor 
was sometimes appointed by the governor, sometimes 
elected as in England by the council. His functions were 
to preside at meetings of the council and to execute the 
ordinances passed by that body. The administrative 
authority of the council was limited chiefly to matters of 
local concern, the public or governmental side of the cor¬ 
poration’s life being then but little developed. 

In two important respects American colonial cities dif¬ 
fered from the English boroughs of that period. (1) In 
America close corporations were the exception. Digyncuve 
In only three cities ^ were the councils self-perpet- 
uating bodies, elsewhere control of the city be¬ 
ing in the hands of its residents. ( 2 ) The mayor was not 
as in England a dignified figure-head, but from the first 
possessed a considerable control over municipal affairs. 

53 . Relation of Cities to State Governments. The theory 
of the English law as to the complete subordination of the 
city to the central government was closely fol- subordinate 
lowed. Under the American system, the munici- p®®***®“ 
pality is regarded as a creature of the State legislature, and 
in the absence of constitutional restrictions, the legislature 

* These were Philadelphia, Annapolis, and Norfolk; but this undemocratic government did 
not survive the Revolution. 


42 


GOVERNMENT AND POLITICS 


may deal with the city as it pleases. It may enlarge or con¬ 
tract its powers, change its framework of government, or 
even entirely destroy its existence. 

Furthermore, in passing upon the question of municipal 
powers, American courts have accepted the rule of the Eng- 
strict con- common law, that grants of municipal power 
Btructionof (like aU grants of corporate powers) are to be 
construed strictly, doubtful questions of author¬ 
ity being resolved against the municipality. 

54 . Second Period of American Municipal History. Dur¬ 
ing the years from 1775 to 1820, two features of municipal 
development are especially important. 

( 1 ) The practice of conferring charters by the executive 
gave way to the present method of gi’anting them by the 
Charters State legislature. Hence the theory that the char- 
granted by ter is merely a statute conveying no irrepealable 

grant to the city; for as a legislative measure it 
is liable to be altered or repealed by subsequent acts. 

( 2 ) The subordination of municipal affairs to the issues 
of State and national politics was noticeable; and this 
The spoils tendency, involving also the spoils system as 
system ^ principle of office-holding, has since become 
a characteristic feature of our municipal government. 

55 . Third Period — 1825 - 1850 . Among the character¬ 
istics of municipal history during the third period are the 
following; — 

(1) A large number of new cities arose, forty of the cities 
whose population is now over 30,000 having been first 
chartered during this period. 

( 2 ) The present method of choosing the mayor by popular 
vote was introduced, supplanting the former methods of 
State appointment or council election. 

(3) Manhood suffrage became universal, superseding the 
property qualifications prescribed by some of the early 
charters. 

(4) Several cities, including Boston, New York, and 


MUNICIPAL DEVELOPMENT 


43 


St. Louis, adopted the two-chamber plan for the organiza¬ 
tion of their councils. 

56 . Fourth Period — 1850 - 1875 . An important develop¬ 
ment during this period was the great increase of municipal 
functions owing to the rapid expansion of urban increase of 
population. During these years our modern sys- municipal 
tern of paid police and firemen replaced the earlier 
volunteer system; and the construction of waterworks, 
sewer systems, and establishment of city parks were added 
to the list of municipal activities. Functions which had 
been carried on formerly, such as maintenance of schools, 
street-paving, and poor relief, expanded in importance, re¬ 
sulting in a large increase in municipal taxation and indebt¬ 
edness. 

The unwillingness of the State legislatures to grant large 
powers to cities, together with the legal doctrine of strict 
construction of municipal powers, made it neces- gpedai 
sary for the cities to apply frequently to the legis- legislation 
lature for special acts granting additional powers. 

Especially was this necessary in order to secure additional 
financial powers. By virtue of these special acts the State 
legislatures rather than the municipal council determined 
the local policy of municipalities. 

Owing to the establishment during this period of street- 
railway systems and the extension of gas-lighting, the power 
of councils to enter into contracts conferring valu- Franchise 
able privileges, that is, to grant franchises, became 
very important. In making such grants, councils were com¬ 
monly heedless of the interests of the cities, and were often 
corruptly influenced by the corporations desiring the priv¬ 
ilege. Franchises were ordinarily conferred without any 
compensation to the city for the use of the streets, and 
sometimes without any limitation as to the duration of the 
grant. 

57 . Changes in Municipal Organization during Fourth 
Period. Another important characteristic of the period 


44 


GOVERNMENT AND POLITICS 


from 1850 to 1875 is the decline of the city council, which 
Decline of in earlier times had been the central fact in city 
city council government. Partly as a result of dissatisfaction 
with council management, that body lost many of its former 
legislative and financial powers. Furthermore, the council 
lost its former power to appoint the various city oflScials, 
and these were chosen by popular vote, a change partly 
due to the democratic spirit characteristic of this period. 

Many of the powers formerly exercised by the council 
were entrusted to elective municipal boards, such as park. 
Local library, and waterworks boards. Such officials as 
municipal the city solicitor, civil engineer, and superintend- 
boards public works were commonly elected by 

popular vote. 

Many commonwealths established State boards or com¬ 
missions, generally appointed by the governor, to control 
municipal affairs. Thus a State park board was 
appointed created for New York City, a State commission 
boards build Philadelphia’s city hall, and State police 

boards in New York, Baltimore, Detroit, and other cities. 
The pretext for such action was the mismanagement on the 
part of the local authorities; but the transfer of municipal 
fmictions to boards in no way responsible to local taxpayers 
generally proved even more unsatisfactory. 

58 . Recent Municipal History, 1875 to the Present Time. 
The volume of special municipal legislation, large during 
Special the preceding period, now increased so greatly as 
legislation geriously to impair local self-government on the 
part of urban residents. Recognizing the evils of excessive 
legislative intervention in local affairs, many States finally 
adopted constitutional provisions designed to safeguard 
certain rights of local self-government. Thus twenty-three 
commonwealths have adopted constitutional limitations 
forbidding their legislatures to pass special acts concerning 
cities. These restrictions have been frequently evaded in 
States whose courts have held that an act is not special 




courtesy of the Soel Construction Company) 

THE CITY HALL AT CHICAGO, ILLINOIS 


A TYPICAL NEW ENGLAND TOWN HALL 
At Needham, Mass. 




















{By courtesy of the iiuperintendent of Public Improvements) 


THE MUNICIPAL BUILDING AT DES MOINES, IOWA 



INTERIOR OF THE DES MOINES MUNICIPAL BUILDING 

Practically the entire business of the city is transacted in this one large counting- 
room. Here are the offices of all the various departments of the city government, 
except those of the police and the fire department, which by their nature require 
separate quarters. 

















































MUNICIPAL DEVELOPMENT 


45 


provided it applies to a class of cities, even though the 
“ class ” includes but one city. 

A second method of limiting the power of State legisla¬ 
tures over cities is that followed in New York. In this com¬ 
monwealth all measures referring to a single city, New York 
or to less than all cities of a class, after being 
passed by the legislature must be referred to the municipal 
authorities for approval. In cities of the first class (over 
175,000 inhabitants), such a measure must be approved by 
the mayor; and in cities of the other two classes by the 
mayor and council. If approved by the proper municipal 
authority, the bill is sent to the governor for his approval 
or veto; but if disapproved by the local authority, it goes 
back to the legislative house where it originated, and does 
not become law unless repassed by the ordinary majority 
in each house. 

A third method of securing municipal home rule is fol¬ 
lowed in twelve commonwealths.^ These States charter- 
have adopted constitutional provisions allowing framing 
some of their cities to frame and amend their 
own charters, provided such charters and amendments are 
consistent with the constitution and general laws of the 
State. 

59 . Changes in Municipal Organization. Within recent 
years there has been a marked effort to secure a more defi¬ 
nite responsibility for the management of city affairs. 
Sometimes this has been accomplished by giving the mayor 
larger powers, while those of the council are correspondingly 
reduced. Other cities have abandoned entirely the mayor- 
council plan, and have adopted either the commission plan, 
or the city manager plan. 

60 . The Commission Plan. The most serious defect in 
the government of our cities has been the ab- oaiveston 
sence of direct responsibility for the management 

» Including Arizona, California, Colorado, Michigan, Minnesota, Missouri, Nebraska, 
Ohio, Oregon, Oklahoma, Texas, and Washington. 


46 


GOVERNMENT AND POLITICS 


of affairs. Executive and administrative functions are dis¬ 
tributed among numerous boards and officials in such a 
way that it is almost impossible to locate responsibility. To 
correct this condition, many cities ^ have recently adopted 
the commission plan of government, which aims to secure 
definite responsibility by centralizing municipal powers in 
the hands of a few men. Thus the Galveston charter en¬ 
trusts the entire city administration to five commissioners 
elected at large for a term of two years, one of whom is 
given the title of mayor-president. Each of the other four 
is placed at the head of one of the departments of munici¬ 
pal administration — namely, finance and revenue, water¬ 
works and sewerage, police and fire protection, streets and 
public property; while the mayor-president exercises a gen¬ 
eral coordinating influence over all four departments. The 
commission acting as a whole is empowered to pass munici¬ 
pal ordinances, vote appropriations, award contracts, and 
make important appointments (minor ones being made for 
each department by the commissioner in charge). 

The commission system of government also prevails in 
Des Moines, Iowa, but with important restrictions designed 
Des Moines to assure popular control. Thus the Des Moines 
plan provides for the initiative, referendum, and 
recall; establishes a merit system for city employees; and 
requires a popular referendum on all franchise grants. 

The advantages claimed for the commission plan are: — 
(1) definite location of responsibility resulting from the 
Advantages complete centralization of municipal powers; (2) 
and defects lessening of civic corruption; (3) approximating 
the government of the city to that of a business corpora¬ 
tion in which ample powers are generally entrusted to a 
small board of directors; (4) greater promptness and effi- 

> The commission form of government has now been adopted by 542 cities (December, 
1919 ). Of the 202 cities with over 30,000 population, 82 are governed under this plan. The 
largest cities that have adopted the commission plan are: Birmingham, Buffalo, Jersey City, 
Lowell, Nashville, Newark, New Orleans, Oakland, Omaha, Portland, Spokane and 
St. Paul. 


MUNICIPAL DEVELOPMENT 


47 


ciency in action owing to the small number of administra¬ 
tive officers. Those opposed to the commission plan urge 
(1) that it is undemocratic and un-American, virtually 
amounting to a receivership for the municipality in which 
it exists; (2) it narrows the educative work of local govern¬ 
ment by decreasing the participation of citizens in public 
affairs; ( 3 ) it increases the influence of party organization 
by enabling them to concentrate their efforts upon the few 
elective commissioners; ( 4 ) it places the appropriating and 
spending power in the same hands; and ( 5 ) the absence of 
a local council constitutes an incentive to State interfer¬ 
ence in municipal affairs. 

61. The City-Manager Plan. A recent modification of 
the commission form of government is known as the “ city- 
manager plan. This provides for a small elective securing 
commission, but the commission does not itself expert 
exercise administrative powers. For the general 
management of the city’s affairs, the commission appoints 
an exj>ert administrator, or city manager. The city-manager 
plan aims to secure permanent, expert service for the city’s 
administration, in the same way that a large corporation 
selects an expert and capable manager for its affairs. Re¬ 
sponsibility for the city’s administration is centered chiefly 
in the manager, since the commission usually gives him 
wide latitude. If the city’s affairs go wrong, the voters 
know whom to blame. The manager may be chosen from 
within or without the city; for example, the successful city- 
manager of Staunton, Virginia, was chosen to fill a similar 
position in Springfield, Ohio. About one half of the city 
managers have had technical training as engineers. Nearly 
150 smaller cities are now governed under this plan, and its 
adoption is authorized by law in thirteen States. 

62. Proposed Improvements in Municipal Government. 
As the causes of the misgovernment of cities have become 
better understood, more definiteness has been given the 
plans of those seeking to improve conditions. The chief 


48 


GOVERNMENT AND POLITICS 


steps now proposed as a means to possible improvement 
may be summarized under the following heads: — 

(1) The effectual prohibition of special municipal legis- 

speciai lation, and the granting to cities of general rather 
legislation enumerated powers. 

(2) Definite placing of responsibility for the city’s admin¬ 
istration by the adoption of the commission plan or the 
Definite re- city-manager plan, or by giving the mayor larger 
sponsibuity powers and responsibility. 

(3) A restriction of the spoils system in city politics 
Oivu through the adoption of some form of municipal 
Service oivil service. 

(4) The separation of municipal from State and national 
elections. In many commonwealths, municipal elections are 
SeparaUon now held at a different time of year from other 
oi elections oJoctions, in the hope that candidates for local 
offices may be chosen on account of individual fitness rather 
than from a partisan standpoint. 

(5) The exercise of the utmost care in granting franchises 

„ to public service corporations, in order that the 

Franchises i p i . • , 

people of the city may receive an adequate com¬ 
pensation in return for the privileges granted. The refer¬ 
endum or popular vote on franchises eliminates a great 
source of municipal corruption by placing the ultimate 
decision concerning franchises in the hands of the people 
themselves. 


GENERAL REFERENCES 

American Year Book (1917); Article on Municipal Government. 

Bradford, Ernest S., Commission Government in American Cities (1911). 
Fairlie, John A., Municipal Administration (1901), ch. v. 

Goodnow, Frank J., City Government in the United States (1904), chs. i-iii. 
Hart, A. B., Practical Essays on American Government (1905), no. viii. 
Robbins, E. C., Selected Articles on the Commission Plan of Municipal 
Government (1909). 

Rowe, L. S., Problems of City Government (1908), chs. i-v. 

Shaw, Albert, Municip^ Government in Great Britain (1895), chs. i-ii. 
Toulmin, H. A., The City Manager (1915). 

Weber, A. F., The Growth of Cities in the Nineteenth Century (1899). 
Woodruff, C. R., City Government by Commission (191 Ih chs. i, iii, vii, viii 


MUNICIPAL DEVELOPMENT 


49 


QUESTIONS AND EXERCISES 

1 . Write an account of the rise and growth of cities in the United States, 
paying especial attention to the factors in urban development. 

2 . Write a brief account of the changes of government in your community 
— the transition from town, village, borough, or county government to 
city government. 

3. Explain the reasons for this change. Point out the needs which are 
created by urban life (water-supply, sewer system, street lights), and 
explain why city governments are better fitted than rural governments 
to meet these needs. 

4. What economic causes have contributed to the growth of your city? 

5. What was the population of your city at the census of 1910? Popula¬ 
tion in 1900? Percentage of increase? 

6 . Make a list of the six largest cities in your State, and give their popula¬ 
tion; same for the United States. 

7. What is the area of your city? Into how many wards is it divided? In 
which one do you live? 

8 . When did your city receive its first charter? What is the date of the 
present charter? 

9. By which of the following methods was your city charter granted: 
(a) special act of the legislature giving your city a charter peculiar to it¬ 
self; (b) a general legislative act providing a form of charter applicable 
to all cities of a certain size; (c) under a special constitutional provision 
permitting cities of a certain size to frame their own charters. 

10. How may your city charter be amended? 

11 . Does your State constitution prohibit special legislative acts concern¬ 
ing cities ? Why is such special legislation objectionable? (Section 58.) 

12 . Point out the dual character of your city government: (a) as an agent 
of the State for the performance of governmental functions; (b) as an 
organ for the satisfaction of local needs. (Section 46.) 

13. In which of these fields may the State government properly exercise 
greater control? 

14. Is there a State commission having authority over any affairs in your 
city? Are such commissions prohibited by your State constitution? 

15. Have you a municipal league, taxpayers’ association, or similar organ¬ 
ization which seeks to improve municipal conditions? 

16. Is there a Chamber of Commerce in your city? Purposes? 

17. Suggested readings on municipal government: Kaye, P. L., Readings 
in Civil Government, pp. 336, 367. 


CHAPTER V 


MUNICIPAL ORGANIZATION 

63 . The Mayor-Council Plan. Of the three types of city 
government in the United States (mayor-council, commis¬ 
sion, and city manager), the mayor-council type still pre¬ 
vails in a majority of our cities. This form of municipal 
organization is therefore the one described in this chapter; 
but students living in commission-governed cities will find 
that practically all of the powers of the council and mayor, 
as described below, are exercised by the commissions in 
their cities. 

Where the mayor-council plan of city government pre¬ 
vails, the council is commonly a single-chamber body. 
Organiza- prevailing type for the smaller cities 

tion of the as well as for a majority of the larger ones. Most 
of the latter have at one time or another tried the 
double-chamber council; but many have returned to the 
plan of a single chamber. 

Where the council consists of a single chamber, it is ordi¬ 
narily composed of one member from each ward or district 
Election of into which the city is divided; but in some cities 
members councilmen are chosen by general ticket. ^ Where 
the double-chamber system prevails, the upper house or 
board of aldermen is often chosen at large, or from districts 
embracing several wards. The size of the council varies 
greatly, averaging from twenty to thirty members in the 
larger municipalities, and from five to fifteen in the smaller 
ones. 

The universal qualification for councilmen is that they 
must be voters of the city in which they live; and generally 

* That is, by the voters of the entire city. 


MUNICIPAL ORGANIZATION 


51 


they are required to be residents of the ward for which 
they are chosen. The negative qualification is Quaiifica- 
often added that members shall not hold any tions, term, 
other public office. The term varies from one to 
four years, two years being perhaps more general. Where 
the term is two years, half the members are often chosen 
annually. Councilmen are usually unpaid in the smaller 
cities, but in many of the larger ones receive salaries rang¬ 
ing from $300 to $5000. 

64 . Legislative Powers of the Council. In the United 
States, as in Great Britain, the powers conferred upon mu¬ 
nicipalities are always enumerated in detail; and Ruieoicon- 
the courts of both countries hold that municipal ®**^“®**°“ 
powers are to be strictly construed, doubtful questions of 
authority being resolved against the municipality. This 
rule of strict construction in connection with the system 
of enumerated powers has necessitated a multitude of pro¬ 
visions in every municipal charter, since each particular 
power must be declared beyond doubt. 

65 . The CounciPs Police Power. The most important 
powers of municipal councils are those which may be classed 
under the head of the police power, by which is meant the 
power of government to enact such laws as are necessary to 
the health, comfort, and protection of society. The police 
power of the State government is a general power limited 
only by the restrictions of the State and the national con¬ 
stitution; and each commonwealth delegates to the cities 
within its borders a portion of this power — generally in¬ 
cluding the right to pass ordinances for the promotion of the 
public health, security, and comfort, and for the protection 
of the public morals. 

66 . Financial Powers of the Council. One of the most im¬ 
portant powers granted city councils is that of levying taxes 
to defray expenses incurred in the performance of Taxation 
municipal functions. The legislatures ordinarily 

confer this power subject to important limitations as to the 


52 


GOVERNMENT AND POLITICS 


purpose and rate of the tax. Thus the tax must be for a 
public purpose, and one which is authorized directly or im¬ 
pliedly by the terms of the municipal charter; and it is com¬ 
monly provided that the rate shall not exceed a certain 
number of mills on each dollar of valuation of taxable prop¬ 
erty. The form of tax most largely relied upon for municipal 
revenues is the general property tax, the levy for city pur¬ 
poses being ordinarily collected along with the county and 
State taxes. 

To defray the expense incurred in making certain local 
improvements, such as street-paving and sewer construe- 
Special as- tion, it is customary to levy upon the abutting 
sessments ppoperty-owners special assessments upon the 
theory that they receive a special benefit from the improve¬ 
ment in question. Thus in most cities when a street is 
opened, graded, or paved, the cost is borne mainly by the 
abutting property-owners (upon whose initiative such im¬ 
provements are often undertaken). 

Licenses of certain occupations and amusements consti¬ 
tute another important source of municipal revenue. A 
Licenses license may be either a police regulation to pre¬ 
vent some real or threatened evil, or it may be a 
tax upon certain lines of business. In many cities, proprie¬ 
tors of theaters and other places of amusement, owners of 
vehicles, pawnbrokers, peddlers, and second-hand dealers 
are required to pay a license. ^ 

Municipal corporations have implied authority to incur 
indebtedness in anticipation of the general revenue fund. 
Borrowing but unless authorized by the legislature, cannot 
borrow money or issue bonds as evidence of in¬ 
debtedness. Municipal charters generally contain provisions 
authorizing the council to borrow money for public pur¬ 
poses, as for street-paving, or construction of waterworks 
and lighting-plants. When a city borrows money, municipal 

* In Northern municipalities, licenses are commonly required only for a few specified 
purposes; but in the cities of the South, the licensing system is more largely used. 


MUNICIPAL ORGANIZATION 


53 


bonds are issued which are in effect the promissory notes of 
the corporation. These bonds are ordinarily in denomina¬ 
tions of $500 or $1000, for a term varying from twenty to 
fifty years, at four to six per cent interest. They are sold to 
the highest bidder after due notice by publication. 

67 . Miscellaneous Powers of the Council. Eminent do¬ 
main, or the right to take private property for public pur¬ 
poses, is a power commonly delegated by the Eminent 
legislature to municipal corporations. City coun- 
cils generally have power to appropriate private property 
under the following conditions: ( 1 ) the property must be 
for a public use;^ ( 2 ) notice must be given to the owner; 
and (3) the property must be appraised in the manner pre¬ 
scribed by law, and the owner compensated for its appro¬ 
priation. 

Municipal councils are sometimes made the agents of the 
State government for the control of education and poor re¬ 
lief within the corporation; but more commonly Ed„caUon 
these functions are entrusted to local boards more 
or less independent of the council. 

Like private corporations, cities may purchase and hold 
property for municipal purposes. Cemeteries, waterworks, 
parks, markets, hospitals, libraries, gas and elec- Property 
trie lighting-plants are forms of property regarded *^***‘*® 
by the courts as belonging to the municipality in its private 
or corporate rather than in its public or governmental 
capacity. 

Municipal councils have implied powers to make such 
contracts as may be necessary to carry out the purposes for 
which the corporation was created, and these con- contractual 
tracts may be for a longer term than the life of the 
council making the grant. The most important municipal 
contracts are franchises or grants of exclusive privileges to 
companies organized to furnish transportation, lighting, 
heat, and telephone service. 

^ The public uses for which property may be appropriated include parks, streets, canals, 
sewers, prisons, hospitals, markets, cemeteries, school buildings, libraries and other public 
buildings, waterworks, gas and electric lighting-plants. 


54 


GOVERNMENT AND POLITICS 


68. Procedure in City Councils. Regular meetings of 
the council are held at stated times, generally weekly or bi- 
Meetings weekly, special meetings being called from time 
rules, to time as needed. Like other legislative bodies. 
Journal municipal councils determine their own rules of 
procedure, and keep a journal of their proceedings. Gen¬ 
erally they have power to compel members to attend and 
vote. 

Like Congress and the State legislatures, city councils are 
commonly divided into committees to which proposed leg- 
Committee islation is referred for consideration. Among 
system important committees are those on ways and 

means, streets and sidewalks, sewers, markets, printing, 
public lighting, transportation, rules and ordinances, and 
mimicipal bonds. 

The legislation passed by the council ordinarily requires 
three separate readings, and unless the rules are suspended 

^ these must be at three different regular meetings. 

Ordinances ° 

Any member of the council may introduce a pro¬ 
posed ordinance, whereupon its title is read and the measure 
referred to the proper committee (this constituting the first 
reading). At a subsequent meeting, if the committee reports 
favorably, the second reading may take place, the ordinance 
being read, in full or by title only; and at a third meeting, 
after being read the measure may be voted upon. If ap¬ 
proved by a majority of the council, it is signed by the pre¬ 
siding officer, and unless the mayor has the veto power, it 
then becomes an ordinance or by-law binding upon all 
persons within the city. Frequently the municipal charter 
gives the mayor power to disapprove any ordinance passed 
by the council; and a measure which is vetoed does not be¬ 
come effective unless the council again passes it by a two- 
thirds vote — in some cities by a three-fourths or four-fifths 
vote. 

It is often required that ordinances be published in news¬ 
papers of general circulation within the municipality, sev- 


MUNICIPAL ORGANIZATION 


55 


eral publications during consecutive weeks being commonly 
prescribed. To be valid, ordinances must be validity of 
authorized by the municipal charter or by a State 
statute; and they must not conflict with any laws of a su¬ 
perior nature, such as a provision of the State constitution 
or statutes, or of the federal constitution, statutes, or treaties. 

69 . The Mayor. The chief executive officer of the city is 
the mayor, who is generally elected by popular vote. This 
officer is usually chosen for a two-year term in Election, 
the larger cities, but in New England and in the 
smaller municipalities a one-year term is common. The 
mayor receives a salary which varies from a few hundred 
dollars in the smaller municipalities to $15,000 in New York 
City. 

70 . Legislative Powers of the Mayor. In the smaller 
municipalities and in a few of the larger ones, the mayor is 
the presiding officer of the council with a casting Relation 
vote in case of a tie. But in a majority of the larger 

cities, he is not a member of the council and his relation 
to that body more nearly resembles that of the governor to 
the State legislature. He submits to the council annual and 
special messages recommending desirable legislation; and in 
most cases he has a limited veto upon ordinances and reso¬ 
lutions passed by that body. 

In many recent charters, the mayor is given the power to 
veto particular items in an appropriation bill while approv¬ 
ing the rest of the measure. Generally he has several days 
(varying in number from three to fourteen) for consideration 
of legislation; and if he does not sign or veto the ordinance 
within that period it becomes effective without his signature. 

71 . The Mayor's Administrative Powers. Although in 

nearly all American cities the mayor is in theory the head 

of the administration, the extent of his actual con- 

trol greatly varies. In early days his administra- councu 
. ° 1 1- 1 1 • government 

tive powers were narrowly limited, and m many 

smaller cities he is still little more than a presiding officer of 


56 


GOVERNMENT AND POLITICS 


the council with a casting vote in case of a tie, or in some 
cases with a qualified veto upon legislation. In these cities 
the subordinate executive officers are generally elected by 
popular vote or appointed by the council. This system 
is virtually council government except as modified by the 
mayor’s veto power. 

In a second class of cities the mayor has considerable 
power over appointments, and generally nominates the 
Divided re- heads of the administrative service subject to con- 
sponsibiiity formation by the council. But he cannot exercise 
complete control over the administration, since these officers 
cannot be removed except for cause, and even then the 
concurrence of the council is generally necessary. Thus 
responsibility for the administration is divided between the 
mayor and the council so that neither can be held ac¬ 
countable; and this lack of responsibility has made possible 
much of the inefficiency and corruption of city governments. 

Finally, in a third class of cities, especially the larger ones, 
recent charters have given the mayor the power to appoint, 
Therespon- without the approval of any other authority, the 
Bible mayor executive departments; and also the 

right to remove them at his own discretion at any time dur¬ 
ing his term. This type of city government has been called 
the mayor system, since it makes this officer the actual and 
responsible head of the entire municipal administration. 

In aU cities the mayor exercises general supervisory 
powers over the municipal departments. The extent of this 
General authority varies, being most important in those 
supervisory municipalities where the mayor has the power to 
appoint and to remove department heads. In 
nearly all cities he may at least investigate complaints 
against particular departments, make recommendations to 
the administrative heads, and inspect books and records. 
In cities having the board system of municipal administra¬ 
tion, he is frequently an ex officio member of the various 
boards. 


MUNICIPAL ORGANIZATION 


5T 

The mayor is the chief conservator of the peace for the 
city as the sheriff is for the county, and has similar powers 
with regard to quelling riots and calling upon the a peace 
governor for the State militia. 

72 . Judicial Powers of the Mayor. In nearly all muni¬ 
cipalities the mayor has the powers of a justice of the peace. 
In most of the larger cities the mayor’s court, justice oi 
formerly an important institution, has fallen into 

disuse, the mayor’s judicial powers having been transferred 
to the police judges and judges of the municipal courts. 
But in the smaller cities, and generally in Delaware, Iowa, 
and the Southern States, the mayor still exercises judicial 
powers. 

73 . Administrative Officials. Greater diversity prevails 
in the administrative machinery of American cities than 
in any other feature of municipal organization. 

Ordinarily the larger cities have departments of 

public works, police, fire, health, law, elections, education, 
libraries, parks, finance, and charities and corrections. 

For the selection of administrative officers, many plans are 
in use, including election by the council, appointment by the 
mayor with or without the council’s confirmation, 
election by popular vote, and appointment by the 
State governor. Appointment by the mayor with ratification 
by the council is the common method, but several recent 
charters give him the exclusive power of appointment. The 
treasurer and comptroller are generally elected by popular 
vote, as are often the police judge, city solicitor, tax asses¬ 
sors, members of boards of public works, and of boards of 
education. Appointment by the governor is exceptional, 
but prevails in case of the police and health boards of some 
cities. Few legal qualifications are prescribed for adminis¬ 
trative officials, and in practice little heed is paid to the can¬ 
didate’s fitness for the particular office which he is seeking. 

The term of administrative officials ^ varies from one to 


i In Great Britain the term of corresponding officials is three years, in France, four years. 


58 


GOVERNMENT AND POLITICS 


six years, generally being longer in case of members of mimic- 

„ ipal boards. For subordinate administrative of- 

Term ^ . 

ficials, permanence of tenure is secured through 
civil service in more than two hundred cities, including 
Philadelphia, Chicago, Milwaukee, New Orleans, and all 
cities in New York, Massachusetts, and Ohio; elsewhere 
municipal offices are too often regarded as political spoils.^ 

As a general rule municipal officers receive salaries, espe¬ 
cially in the larger cities. Frequent exceptions to this rule 
Salary members of school, library, and park 

boards. If members of a board receive no salary 
they are expected to devote only a part of their time to 
official duties, the routine work of the department being 
performed by salaried officials. 

74 . Board System vs. Single Commissioner System. In 
Great Britain municipal administration is carried on by 
Tendency boards composed of members of the council: in 
missioner™' France there is a single commissioner in charge 
system each department. Both systems exist in this 

country, but the tendency seems to be in favor of the single 
commissioner plan. However, such fields of administra¬ 
tion as the schools, libraries, parks, public health, police, 
and public works are frequently managed by boards. The 
board system secures continuity of policy and greater per¬ 
manence of tenure for executive officers, since the member¬ 
ship is only partially renewed at one time; and this plan also 
makes it possible to obtain the impaid services of able men, 
who can thus assume the general direction of public busi¬ 
ness without making too great personal sacrifices. But 
these advantages are gained at the sacrifice of the admin¬ 
istrative efficiency and power of prompt action possible 
under the commissioner system. 


1 Other large cities under civil service rules are Newark, Minneapolis, Kansas City, Mo, 
Denver, Seattle, Tacoma, Portland, San Francisco, Los Angeles, and Detroit. 


MUNICIPAL ORGANIZATION 


59 


GENERAL REFERENCES 

Ashley, Roscoe L., The American Federal State (1903), secs. 488-496. 

Beard, C. A., American Government and Politics (1910), ch. xxvii. 

■ Readings in American Government and Politics (1910), ch. xxvii. 

Black, H. C., American Constitutional Law (1897), ch. xvii. 

Bryce, James, The American Commonwealth (1908), i, ch. l. 

Dillon, John F., Commentaries on the Law of Municipal Corporations (1890), 
4th ed., I, chs. 2-5, 10, 12-13; ii, chs. 15-16, 19. 

Eaton, Dorman B., The Government of Municipalities (1899), chs. x-xi, xiv. 

Fairlie, John A., Municipal Administration (1901), chs. xvii-xx. 

Fiske, John, Civil Government in the United States (1904), pp. 115-140. 

Goodnow, Frank J., City Government in the United States (1904), chs. iv-viii. 

- Comparative Administrative Law (1893), i, chs. iii-iv. 

- Municipal Problems (1903), chs. ii-iv, ix-x. 

Hart, A. B., Actual Government (1903), ch. xi. 

Hatton, A. R., Digest of City Charters (1906). 

Municipal Pro^am, National Municipal League (1900). 

National Municipal League, Proceedings of Conferences for Good Cit.y 
Government: 1894-1895, pp. 93-104 (Minneapolis); 119-124 (Milwau¬ 
kee); 407-417 (New Orleans); ihid.^ 1896, pp. 147-161 (Pittsburgh). 

Rowe, L. S., Problems of City Government (1909), chs. vi-ix. 

Shaw, Albert, Municipal Government in Continental Europe (1897). 

—I- Municipal Government in Great Britain (1895). 

Wilcox, Delos F., A Study of City Government (1897). 

QUESTIONS AND EXERCISES 

1 . Does your council consist of one chamber or of two? Advantages and 
disadvantages of each plan of organization? 

2 . Of how many members does your council consist? How does it com¬ 
pare in size with other city councils in your State? Give the qualifica¬ 
tions, terms, and salary of members. 

3. Are the members elected by wards, by districts including several wards, 
or at large? What are the advantages of each method, or of a combina¬ 
tion of two methods? 

4. Give the boundaries of the ward or district in which you live. Who is 
your representative in council? 

5. Are members nominated by party conventions, direct primaries, or by 
petition (nomination papers) ? Which method do you consider prefer¬ 
able? 

6 . Name the oflicers of the council. How chosen? Duties? 

7. How do the police powers of your council compare with those described 
in Section 65? 

8 . Describe the financial powers of your council under the following heads: 
(a) taxation, (b) appropriations, (c) borrowing power. Make a list of 
the purposes for which the council may exercise each of these powers. 

9. What power has your council over the administrative departments of 
the city (such as the police or fire departments) ? Does it appoint and 
may it remove administrative officers? 

10 . How many committees in your city council? How chosen? Name the 
important ones. 

11. State the advantages and defects of the committee system of legisla 
tion. 






60 


GOVERNMENT AND POLITICS 


12 . What is a city ordinance.^ WTere does the council derive its power to 
pass ordinances? With what higher laws must a municipal ordinance 
conform? 

13. Describe the procedure, step by step, by which an ordinance is passed. 
Compare with the procedure described in Section 68. 

14. Has your mayor the veto power? If so, what vote is necessary to pass 
an ordinance over his veto? 

15. Under what conditions may your council grant a franchise? 

16. When does your council meet? Where? Visit a council meeting and 
write an account of it. 

17. State the following facts concerning your mayor: how elected, term, 
qualifications, salary, how removed. 

18. Describe fully the mayor’s legislative powers. Has he any judicial 
powers? 

19. What administrative oflScers does the mayor appoint? Can he remove 
these officers? Is the consent of the council necessary in either case? 

.20. What degree of control does your mayor exercise over the city admin¬ 
istration? Which of the three types of mayors, described in Section 71, 
does he resemble? 

21 . In case of a serious disorder or riot in your city, what would be the duty 
of the mayor? 

22 . Make a list of the other important executive officers of your city. State 
how they are chosen and describe their duties. Do these officers be¬ 
long to the same political party as the mayor? Are they subject to his 
control? 

23. Make a list of the various boards and commissions in your city govern¬ 
ment. How is each chosen ? State the number of members, terms, and 
duties. 

24. What are the advantages and disadvantages of the board system of ad¬ 

ministration as compared with single commissioners or heads of de¬ 
partments? 

2.5. Is there a civil service commission in your city? If so, describe its 
duties. 

26. What courts exist in your city? Over what cases have they jurisdiction? 
How are the judges chosen? Is there a juvenile court? If so, describe 
its working. 

27. Make a study of the last financial statement of your city and prepare 
a report showing: (a) the amount and sources of the city’s income for 
the fiscal year, (b) the amounts and objects of the city’s expenditures 
for the same period. 

28. What is your city tax rate ? Compare with the rates for the last ten 
years, and prepare a chart showing fluctuations in rates, by years. Com¬ 
pare your municipal tax rate with that of another city in your State 
which has about the same population. 

29. What is the gross debt of your city? Is there a sinking fund? W’hat is 
the net debt? How is this debt to be paid? What is the borrowing 
capacity of your city? How near is it at the present time to the debt 
limit? 

80. Make the same comparison with regard to your city’s debt as sug¬ 
gested in question 28 for the tax rate. 


CHAPTER VI 


MUNICIPAL ACTIVITIES 

75 . Police Administration. Police administration in its 
broadest meaning includes the entire system of internal 
administration by which the State regulates the conduct of 
the citizen. In a narrower sense, the term police denotes the 
special machinery established for the preservation of order 
and the detection and punishment of crime. This function 
is especially important in urban commimities because of the 
concentration of population; and it is usually entrusted to 
an organized force of men who patrol the streets, together 
with special magistrates or police judges who deal sum¬ 
marily with petty offenders. 

The chief function of the police is to enforce the laws and 
ordinances. More in detail, their duties are to preserve the 
public peace (suppressing riots, dispersing dis- 
orderly assemblages, and maintaining order at 
elections and public meetings); to patrol the streets for the 
special purpose of preventing crimes and misdemeanors 
(with power to arrest persons without warrant when taken in 
some criminal act); to protect the rights of persons and pro¬ 
perty; to inspect places of public amusement; to regulate 
street traffic so as to prevent blockades; to restrain the 
crowds which gather at fires, and on other occasions; to care 
for persons who are injured on the streets; to assist and ad¬ 
vise strangers; and in fact, to do all things which relate to 
the orderly conduct of the city. 

76 . Control of Police Administration. Control of the 
police force and final authority in administration is vested 
either in a single commissioner or in a police board. The 


62 


GOVERNMENT AND POLITICS 


single commissioner system prevails in most of the smaller 
Oommis- municipalities of the United States, as well as in 
boar?**'** such large cities as New York, Chicago, Philadel- 
systems phia, Boston, and many others. The board sys¬ 
tem formerly prevailed in nearly all the large cities, and 
is still found in some of them. 

To aid in securing men who are qualified mentally and 
morally for their responsible oflSce, the civil service prin- 
civu ciple is applied to the police force in many cities, 

service including those of Massachusetts, New York, and 

Ohio. Appointments are based upon the results of competi¬ 
tive examinations, and tenure of office is permanent, re¬ 
moval occurring only for specific cause and after a public 
hearing. 

In the United States control of the police has generally 
been left to the municipal authorities with practically no 
state supervision on the part of the State government, 
supervision jj^^ever, the courts have uniformly held that 
police officers are not private but public or State officers, 
and that in controlling police the municipalities act merely 
as agents of the State. Some form of State supervision is 
justifiable, since the duty to enforce State laws devolves 
upon the police, and final responsibility for the maintenance 
of law and order rests upon the State government. 

77 . Protection from Fire. The nature of city building 
renders adequate protection from fire one of the most im¬ 
portant municipal functions.^ There is considerable diver¬ 
sity in the organization and equipment of fire departments. 
Cities under 10,000 still depend almost exclusively upon 
volunteer companies; those between 10,000 and 30,000 com¬ 
monly have a small force of regular firemen with a large 
number of call men; while in cities of over 30,000 the entire 
force usually consists of regulars. Nearly all municipalities 
with over 30,000 inhabitants have steam fire-engines, the 
pumps of the waterworks furnishing the necessary pressure; 

* The annual loss from fire in the cities of the United States is about $250,000,000. 


MUNICIPAL ACTIVITIES 63 

and many of them have the most modern type of motorized 
equipment. 

78 . Control of Public Health. To control those agencies 
which threaten the health of its citizens nearly every munici¬ 
pality with over 10,000 population has a locally Municipal 
chosen board of health or health officer; while the health 
larger cities have a force of sanitary inspectors 
and assistants. The duties of the municipal health depart¬ 
ment are manifold, but may be classified under three 
general heads: (l) Precautionary or preventive measures, 
including regulation of the sale of food products (to prevent 
unwholesome food or adulterated milk from being offered in 
the market), ^ regulation of offensive trades, control of the 
construction of buildings, of ventilation, of smoke consump¬ 
tion, drainage, plumbing, and special supervision over the 
removal of garbage and waste. ( 2 ) Control of cases of 
infectious disease, by requiring physicians to report all such 
cases to the health department, and by insisting upon 
isolation of dangerous cases in city hospitals, and the em¬ 
ployment of scientific methods of disinfection. (3) Collec¬ 
tion of vital statistics, or statistics of births, marriages, and 
deaths. 

Closely related to the problem of public health is the 
housing problem. Because of inadequate transportation 
facilities, there is extreme congestion in our met- Tenements 
ropolitan cities. In great centers of population public 
like New York and Philadelphia, a thousand peo- *‘®*it*‘ 
pie sometimes dwell in a single city block, and there are 
hundreds of families each living in a single room. This con¬ 
gestion of population in the tenements invites disease, and 
is a constant menace to the health and morals of the entire 
city. Hence the question of regulating tenements, and in¬ 
deed the whole problem of protecting the city’s health, 
becomes a matter of vital public concern. 

* For example, many cities send their health officers into the country districts adjoining 
to inspect the dairies and herds from which the city’s milk supply is obtained. The milk 
itself is also inspected from time to time after it reaches the city. 


64 


GOVERNMENT AND POLITICS 


79 . Public Education. The administration of public 
schools is a most important function of city government, and 
Board of one for which a large portion of mimicipal revenue 
education -g expended. In practically all American cities 
the central authority in control of schools is the board of 
education or school board. ^ In some municipalities this 
board is regarded as one of the several departments of the 
municipal government; while in others the board of edu¬ 
cation is a public corporation, separate and distinct from 
the city corporation. In the former class of cities the board 
makes a detailed estimate of the funds needed for school 
purposes during the ensuing year, this estimate being then 
passed upon by some other municipal authority, generally 
the city coimcil. In the second class of cities the board 
itself usually has sole control of taxation for school pur¬ 
poses (provided the levy does not exceed a certain maxi¬ 
mum rate fixed by State law); and also has the uncontrolled 
expenditure of school funds. 

The size of the school board varies, the common number 
being five, seven, or nine. Popular election is the prevailing 
size, term method of filling the position, although in some 
and election cities the members are chosen by the mayor or 
council. Election is either by general or district ticket, 
that is, members are either chosen by the city at large or 
else from certain districts or wards. The term ranges from 
two to five years. 


In nearly all cities the board of education purchases 
school sites, erects and maintains school buildings, and fur- 
Functions wishes necessary supplies, sometimes even pro¬ 
viding free text-books. Other important func¬ 
tions are the employment of a superintendent and teachers, 
adoption of courses of study, and selection of text-books. 

The superintendent chosen as head of the educational ad¬ 
ministration serves for a term varying from one to six years 
generally for two, three, or four years. The powers of 


1 In St. Paul, this authority is vested in the Commissioner o| Education. 


MUNICIPAL ACTIVITIES 


65 


this officer vary widely in different cities, but the ten¬ 
dency is to give him a large control over the edu- g^perin- 
cational side of school administration, including tendentof 
the appointment of teachers and recommendation 
of text-books and courses of study, generally subject to 
confirmation by the board of education. 

Within recent years free public libraries, one of the most 
important aids to education, have had a wonderful develop¬ 
ment. Such libraries are now maintained in Public 
nearly all cities whose population exceeds 25,000, 
as well as in many smaller ones. Administration of munici¬ 
pal libraries is generally in charge of a board of trustees 
chosen by the mayor or council, or elected by the people. 

8 0. Public Recreation. Generous provision for public 
parks is of especial importance in the large cities with their 
congested population; but the need of such areas 

is strongly felt in the smaller ones as well. At the 
present time most cities whose population exceeds 40,000 
have provided a system of public parks, that is, have pur¬ 
chased and set aside tracts of land for public use and recrea¬ 
tion. In some municipalities the parks are connected in a 
chain by means of boulevards or parkways. Provision is 
frequently made for outdoor sports and for well-equipped 
park gymnasiums; and botanical gardens and zoological 
museums are sometimes included. 

Within the last decade there has been a strong movement 
in favor of municipal playgrounds, which afford an im¬ 
portant aid to the physical and moral develop- PubUopiay- 
ment of city children. At the present time a large 
number of our cities provide public playgrounds, equipped 
with apparatus for games and gymnastics under the charge 
of competent directors. 

8 1. Charities and Poor Relief. In the New England 
States and in New Jersey, poor relief is a munici- Admin- 
pal function even in the smallest towns. Else- *®**'®*^®“ 
where it is a municipal function in a majority of the larger 


66 


GOVERNMENT AND POLITICS 


cities; while in the smaller ones (as in the rural districts 
generally), poor relief is chiefly a county function, although 
the cities often assist in the work. In the municipalities 
which carry on public charities, the authority in general 
charge is either a board of charities (generally unpaid), or 
a single salaried commissioner. 

The chief methods of affording relief are (I) through 
admission to public almshouses and hospitals; ( 2 ) outdoor 
Methods relief, especially in the form of medical assistance 
to the sick; (3) municipal grants to private chari¬ 
table institutions; (4) the maintenance of public 
employment bureaus through which a systematic effort is 
made to secure employment for able-bodied persons out 
of work; (5) the regulation of tenements so as to minimize 
the evils of the congested residence districts of the great 
cities. 

82 . The City Street. The concentration of heavy traffic 
in municipalities makes the question of streets a most im- 
importance problem. Then too the social importance 

of the city street can hardly be overestimated, 
inasmuch as such municipal activities as waterworks, 
sewers, lighting and heating systems, and urban transporta¬ 
tion are absolutely dependent upon the street for their op¬ 
eration. These conditions seem to justify the statement 
that “ the control of the streets means the control of the 
city.’’ ^ 

The principal materials used for street pavements are 
granite and wooden blocks, bricks, asphalt (sheet and 
Paving blocks), macadam, and gravel. No single mate- 
materials jg ^jggj. respects, and ordinarily the 

choice will be largely influenced by the question of cost. 
In his work on “Municipal Administration,” Mr. W. B. 
Munro has summarized the merits of the different paving 
materials in the following table: — 


1 Wilcox, D. F., The American City, p. 29. 



A. VIEW 'IX CENTRAL PARTv, NEW YORK CITY 

The park is over 2^ miles long, and over half a mile wide. It covers 843 acres, ol 
which 185 are in lakes and reservoirs and 400 in forest, wherein over half a million 
trees and shrubs have been planted. There are 9 miles of roads, 5^ of bridle paths, 
and 31 of walks. 



WILLIAAI H. SEWARD PARK, NEW YORK CITY 
The Girls’ Playground. The park j)rovides also ground> for the use of boys. 

















A PUBLIC BATH FOR BOYS, BOSTON 
On the hank may be seen a part of the park and playgrounds. 



iBy courtesy of the Playground Association of America) 

FIELD HOUSE AT SOUTH PARK, CHICAGO 

addition to playgrounds, out-door gymnasiums, and other recreation facilities 
the Chicago parks provide indoor gymnasiums in which organized work is carried 
on through the winter. The Field Houses contain also assembly rooms and libraries 
























MUNICIPAL ACTIVITIES 


67 


Economy in 
construction 

Economy in 
repair 

Durability 

Cleanliness 

Noiselessness 

Safety 

1st Macadam 
2d Asphalt 

3d Brick 

4th Wood 

5th Granite 

Granite 

Brick 

Wood 

Asphalt 

Macadam 

Granite 

Wood,, 

Brick 

Asphalt 

Macadam 

Asphalt 

Brick 

Wood 

Granite 

Macadam 

Wood 

Macadam 

Brick 

Asphalt 

Granite 

Granite 

Macadam 

Brick 

Wood 

Asphalt 


83 . Street-Cleaning and Sewerage Systems. In most 
cities with over 30,000 population, a considerable portion 
of the streets is swept at public expense, and a force of men 
is employed to remove garbage and other refuse. The prim¬ 
itive method of removing garbage was to dump it upon 
adjacent land or in a near-by stream. With the rapid in¬ 
crease in urban population, a more scientific disposal of 
waste became imperative, and many cities now employ 
garbage furnaces or cremators. 

The first cost of constructing sewer systems, as in case of 
grading and paving streets, is usually borne by the abutting 
property-owners. The work is ordinarily done sewer 
under the supervision of the municipality by the 
contractor making the lowest bid, and the cost collected 
from the property-owners by special assessments. In some 
cities part of the original expense of these improvements is 
paid out of the general fund. The cost of maintaining both 
streets and sewers is generally borne by the city. 

84 . City Planning. The street lines of those American 
cities which have been systematically laid out have ordi¬ 
narily followed the rectangular plan, the streets ourbest 
crossing each other at right angles. In some cases 

this plan has been greatly improved by means of diagonal 
streets radiating from the center of the city, together with 
sub-radiations from local centers. The best arranged city in 
America, if not in the world, is Washington, planned by a 
French engineer, L’Enfant, in 1791. The streets range from 
eighty to one hundred and sixty feet in width, and broad 
transverse avenues intersect the rectangular streets. 












68 


GOVERNMENT AND POLITICS 


But in most of our cities there has been no systematic 
plan for the laying out of streets, or for the grouping of the 

various public buildings. The failure to make 
City Plan- ^ .. /. -ii* .j. j 

ningCem- adequate provision for wide business streets and 

missions l)oulevards, and to reserve land for public build¬ 
ings, often necessitates reconstructing certain portions of 
the city at a great expense to the taxpayers. One of the 
most promising reforms of recent years has been the crea¬ 
tion of City Planning Commissions, which endeavor to 
work out comprehensive plans for the development of cities. 
For example, city planning includes the development of a 
boulevard system, the establishment of zones for industrial, 
business, and residential districts, and the grouping of 
municipal buildings in a civic center. 

85. Water Supply. No function is of more vital concern 
to the modern city than that of furnishing its inhabitants 

with an abundant supply of water free from the 
Importance . 

specific germs of disease, and fit in every way for 

domestic and industrial uses. With the concentration of 
population, the difficulty of obtaining an adequate water 
supply increases, and the danger of contamination becomes 
greater. The chief sources of supply are the great lakes 
of the St. Lawrence system, flowing rivers, lakes among 
mountains and hills, and artesian wells supplemented by 
storage reservoirs. 

Water is supplied by the municipality in most of the 
large cities of the United States, as well as in many smaller 
Municipal Ones. Of 175 municipalities with over 25,000 
ownership population, 133 own their waterworks; and it is 
now the almost universal practice for the smaller cities, in 
constructing waterworks, to adopt municipal ownership. 
The expense of conducting the water department is not 
paid out of taxes, but from rates or charges levied against 
users of the water. 

86. Public Lighting. In the United States gas-works and 
electric-lighting plants are generally owned and operated 


MUNICIPAL ACTIVITIES 


69 


by private companies, although the tendency is toward 
municipal ownership, especially in the smaller Municipal 
cities. Out of a total of about five thousand light- and private 
ing-plants in all cities, 70 per cent are owned and **^®“*® 
operated by private companies, while 30 per cent are munic¬ 
ipal plants. Most of the municipal electric-lighting plants 
are in the central group of States, and generally these are 
found in the smaller municipalities; but a number of impor¬ 
tant cities including Chicago, Allegheny, Detroit, and Grand 
Rapids, own their plants. 

87 . Street Railways. Our first street railways were con¬ 
structed about the middle of the nineteenth century; and 
the striking growth of urban population in the 

following decades has made the question of urban recent 
. ... „ . • • X franchises 

transportation one or increasing importance. 

From the first the construction and operation of street rail¬ 
ways has been in the hands of private companies under 
franchises granted by the city council. Early franchises 
were for long periods, commonly fifty to one hundred years, ^ 
and generally imposed no restrictions upon the company 
except that of paving the street surface between the tracks. 
Gradually cities came to realize that franchises have a mon¬ 
etary value, and that they should be granted only under 
conditions which will safeguard the interests of the public. 
Recent franchises are often limited to a term of twenty 
years, and provision is sometimes made for payment to the 
city either of a stated sum, or a certain percentage of the 
gross receipts. Other common franchise conditions establish 
a maximum fare (generally three to five cents), provide for 
universal transfers and improvement of the service, and 
reserve to the municipality the right to purchase the system. 

88 . The Problem of Municipal Monopolies. Writers on 
economics agree that in industries which are Relation 
natural monopolies (waterworks, gas and elec- iaturai^ 
trie lighting-plants, street-railway and telephone raonovoiioB 

* In a number of cities perpetual franchises were granted. 


70 


GOVERNMENT AND POLITICS 


systems), permanent competition is impossible; but great 
diversity of opinion prevails as to the public policy that 
should be followed with reference to these undertakings. 
The following courses are open to the municipality in dealing 
with natural monopolies: — 

(1) The city may authorize a private company to perform 
the service in question by granting a franchise without 
making any effort to safeguard public rights or to secure 
an adequate return for the privileges conferred — a common 
policy in the earlier period of municipal history. 

(2) The municipality may grant franchises to private 
companies under conditions designed to protect the public 
interest. This is now the common plan for street-railway 
and telephone systems, and is often followed in the case of 
lighting-plants. The principles that should govern the 
granting of franchises have been summarized by an eminent 
writer ^ as follows: — 

(a) Reservation to the municipality of power to determine 
the charges of public-service corporations. 

(b) Public control of capitalization and public supervision 
of corporation accounting. 

(c) Limitation of franchise terms to a period ranging from 
twenty-five to forty years. 

(d) Compensation to the municipality exacted in the form 
of lower charges rather than large financial returns. 

(e) At the expiration of the franchise, the plant at its 
appraised value to revert to the city. 

(3) The city may reserve to itself the ownership of the 
plant, while authorizing private operation. For example, 
the waterworks of Denver are owned by the city but leased 
to a private company; and the same plan is followed in case 
of the Philadelphia gas-plant, and the New York and Boston 
subways. 

(4) Municipal ownership and operation of local public 
utilities is urged by many as a remedy for the evils attend' 
ant upon our present franchise system. 

* Rowe, L. S., Problems of City Government, p. 239. 



{hy courtesy of the Metropolitan Water and Sewerage Board) 


A pumpinfj-station of the Metropolitan Water Works at the Chestnut Hill Reser¬ 
voir, Boston, Mass. The building contains four pumping-engines whose combined 
capacity is 145,000,000 gallons of water daily. Eighteen different cities and towns 
are served by the system of which this is a part. 



A section of the Stony Brook Conduit, Boston, Mass., while under construction. This 
conduit is about iniles in length, and drains an area of al)out 50 square miles for¬ 
merly subject to inundation from the overflowing of Stony Brook ami its tributaries. 
The conduit provides an underground channel for this stream through which the 
water is conducted into the Charles River. 

























Ej.<Si1’ ».■» ' 


TWO VIEWS OF THE SAME SCHOOL-YARD IN CLEVELAND, OHIO 

Th<»-upper shows the unsightliness resulting from neglect; the lower, the effect of 

making the yard into a school-garden. 



















MUNICIPAL ACTIVITIES 


71 


89 . Arguments for Municipal Ownership. The chief ar- 
guments in favor of municipal ownership are: — 

( 1 ) Public ownership eliminates one of the greatest evils 
in municipal government — the corruption of officials by 
private corporations desiring to secure franchises or other 
privileges. On this point Professor Ely says: “ Our ter¬ 
rible corruption in cities dates from the rise of private cor¬ 
porations in control of natural monopolies, and when we 
abolish them we do away with the chief cause of corruption.” 

( 2 ) Public ownership gives a fuller and more efficient 
service, securing the enlargement and extension of facilities 
as public needs may require. Private companies supply 
only those services which pay, public ownership those which 
are needed. 

(3) Public ownership lowers rates to the community, since 
the public plant does not have to pay dividends on watered 
stock, or maintain a lobby or corruption fund, or buy out 
rival plants, or advertise or solicit business. 

(4) Public ownership secures impartial treatment for all 
consumers, eliminating secret rebates and other forms of 
discrimination. 

(5) Better treatment of labor is claimed for public owner¬ 
ship, as well as the elimination of strikes and lockouts. 

( 6 ) Pubhc ownership aids civil service reform, since it 
necessitates the merit system in municipal administration. 

(7) The spirit of cooperation is promoted and civic inter¬ 
est encouraged, thereby fostering better citizenship. 

( 8 ) Public ownership tends to a diffusion of wealth, where¬ 
as private ownership of natural monopolies tends to con¬ 
centrate wealth in the hands of a few. 

90 . Arguments against Municipal Ownership. Th(f 
principal arguments against municipal ownership are as 
follows: — 

( 1 ) The present corruption and inefficiency of our city 
governments would be greatly increased by enlarging the 
number of positions which would become the spoils of the 
successful political party. 


73 


GOVERNMENT AND POLITICS 


(2) Public ownership is non-progressive, and would not 
expand facilities as rapidly as private ownership, which 
secures large investments of capital through the inducement 
of large financial returns. Compare in this respect the state- 
owned railroads of Europe with the private-owned roads 
of the United States. 

(3) Public ownership would not lower rates, as public man¬ 
agement is generally less efiicient and economical than pri¬ 
vate management. The history of the Philadelphia gas- 
plant under municipal and under private operation is cited 
in proof of this claim. 

(4) Public ownership would increase enormously the 
bonded indebtedness of the municipalities, since the private 
plants would have to be purchased or new municipal plants 
erected. 


GENERAL REFERENCES 

Ashley, Roscoe L., The American Federal State (1903), secs. 497-515. 
Beard, C. A., American Government and Politics (1910), ch. xxviii. 

-— Readings in American Government and Politics (1910), ch. xxviii. 

Bemis, E. W., Municipal Monopolies (1899). 

Conkling, A. R., City Government in the United States (1894), chs. iv-xvii. 
Eaton, Dorman B., The Government of Municipalities (1899), chs. xv-xvii. 
Eliot, Charles W., American Contributions to Civilization (1898), no. vii. 
Fairlie, John A., Municipal Administration (1901), chs. viii-xii. 

Goodnow, F. J., City Government in the United States (1904), chs. ix-xiii. 
Howe, F. C., The British City (1907). 

Maltbie, Milo Roy, Municipal Functions (1898). 

Parsons, Frank, The City for the People (1901). 

Robinson, Charles M., The Improvement of Towns and Cities (1901). 

Rowe, L. S., Prohlem.s of City Government (1908), chs. x-xiv. 

Whinery, S., Municipal Public Works (1903). 

Wilcox, Delos F., The American City (1904). 

Willard, Charles D., City Government for Young People (1906), chs. ix-xxix. 
Wright, Carroll D., Outline of Practical Sociology (1899), ch. ix. 

Zueblin, Charles A., A Decade of Civic Development (1905). 

—- American Municipal Progress (1903), chs. ii-x. 

QUESTIONS AND EXERCISES 

1. Is authority over police administration in your city vested in a single 
individual, or in a board of commissioners? Does the State govern¬ 
ment exercise any direct control in police affairs? 

2. Describe the organization of the fire department in your city. How 
many firemen are employed? What was the cost of police and fire pro¬ 
tection in your city last year? 




MUNICIPAL ACTIVITIES 73 

3. Are the police and fire departments under civil service rules? Give 
arguments in favor of this plan. 

4. Is your municipal health department under the control of a board, or a 
single commissioner? Describe the duties and work of this department. 

5. How many members on your board of education? Are they chosen from 
wards, districts, or at large? What are their terms? Their powers? 

6. Name the principal officers of your board of education, and describe 
their duties. 

7. How many school buildings in your city? How are the teachers chosen? 
Does your board provide free textbooks? Give arguments for and 
against this plan. 

8 . What was the cost of public education in your city last year? What 
per cent of the entire municipal revenues was expended for school 
purposes? 

9. How many pupils were enrolled in your public schools last year? In the 
elementary department? In the high school? How many graduated 
from high school last year? What per cent of those who enter the first 
grade complete the high-school course? Why do so large a number of 
those who enter school fail to complete the course? 

10 . Does your city have a free public library? What authority controls it: 
How many volumes in the library? 

11 . Describe your public park system, stating what authority is in control, 
and annual cost of maintenance. Name, locate, and give the areas of 
the principal parks. Are they well located and managed? 

12 . Does your city maintain public playgrounds for children? Does it pro¬ 
vide municipal baths? 

13. How is poor relief administered in your community? What was the 
cost last year? In what way is poor relief given? 

14. Is the cost of street paving paid out of the general fund, assessed upon 
property-owners, or is a combination of the two methods employed? 
Are your streets well paved? What materials are chiefly employed? 
Are the streets kept clean and in good repair? Cost of maintenance last 
year? 

15. Is your water supply under municipal or private control? If the latter, 
name the authority in charge. How is the cost met? Describe the sup¬ 
ply system and the distributing system. 

16. Are your streets lighted by gas or by electricity? Is the plant under 
public or private control? 

17. Give arguments for and against municipal ownership of waterworks 
and lighting-plants. 

18. When was the franchise granted under which your street railway oper¬ 
ates? When does it expire? What are its provisions respecting rates of 
fare, transfers, and paving between tracks? May the rates of fare be 
modified during the term of the franchise? Does the company pay the 
city an annual sum for the use of the streets? 

19. In awarding a street-railway franchise, should a city aim to secure a 
large financial return from the company, or should compensation to the 
community take the form of lower fares to passengers? Why? 

20. Give arguments for and against municipal ownership of street railways. 


CHAPTER VII 


ORIGIN OF STATE GOVERNMENTS 

91 . The Establishment of Colonies. All of the original 

thirteen States with the exception of Georgia were estab- 
Ooioniai lished as colonies during the seventeenth century, 
charters early English method of colonization was to 

grant charters to commercial companies patterned after the 
famous East India Company. The most notable charters 
were those of the London and Plymouth Companies under 
which the colonies of Virginia and Plymouth were estab¬ 
lished. The charters generally named the individuals to 
whom the grant was made, defined in somewhat vague 
terms the territorial limits of the colony, and provided a 
framework of government. Ordinarily the granting of the 
charter preceded actual settlement; but Rhode Island and 
Connecticut — founded by emigrants from other colonies 
— did not receive charters until after the settlements had 
been made. 

92 . Classification of Colonial Governments. With refer¬ 
ence to their internal organization and their relation to 
Royal pro- Great Britain, the American colonies may be 
oSitered*^ classified as first, royal provinces; and second, 
ooionies chartered colonies, including the proprietary and 
corporate types. The chartered colonies were governed 
under charters from the British crown which granted them 
substantial rights of self-government; while in the royal 
provinces the governor’s commission and instructions, and 
the laws of England so far as applicable, took the place of 
a charter. In the chartered colonies the absence of a royal 
governor made imperial control correspondingly weaker; 
and hence it was the policy of the British government to 


ORIGIN OF STATE GOVERNMENTS 


75 


transform chartered colonies into royal provinces whose ex¬ 
ecutive and judiciary should act directly under authority of 
the king. Throughout the greater part of the seventeenth 
century the chartered colony was the prevailing type;^ but 
ultimately a majority of these became royal provinces. 

Dming the half-century immediately preceding the Amer¬ 
ican Revolution, seven of the colonies were royal provinces, 
namely, New Hampshire, New York, New Jersey, Royal 
Virginia, North Carolina, South Carolina, and 
Georgia. In these colonies the governor and executive coun¬ 
cil were appointed by the crown. 

The proprietary governments included Maryland, Penn¬ 
sylvania, and Delaware. In these colonies some favored 
individual or family — that of Lord Baltimore in proprietary 
Maryland and of William Penn in the other two 
— exercised the prerogatives which belonged to the crown 
in the royal provinces.^ But in both proprietary and royal 
colonies the government was subject to a considerable de¬ 
gree of popular control through representative assemblies 
whose powers waxed greater from year to year. 

Rhode Island, Connecticut, and Massachusetts were 
corporate colonies possessing charters which granted them 
a large degree of independence. In fact, “the cor- corporate 
porate colonies of New England were practically ®oio“i®s 
commonwealths and developed with scarcely any recogni¬ 
tion of the sovereignty of England.” ^ In Connecticut and 
Rhode Island the people chose the governor and the execu¬ 
tive council, as well as the popular assembly. Under the 
charter of 1629, Massachusetts had similar powers; but 
the charter of 1691 established a government which was 
a compromise between the royal and corporate types. 

93. Common Characteristics of the Colonies. Notwith- 

» Until 1684 only two colonies, Virginia and New Hampshire, were definitely organized as 
royal provinces. ,. , , • * j , 

* The proprietary colony was “a miniature kingdom of a semi-feudal type, and the pro¬ 
prietor was a petty king.” — Osgood, H. L., The American Coloniee in the Seventeenth 
Century. 

* Osgood, H. L., The American Colonies in the Seventeenth Century, Introduction, p. *8. 


76 


GOVERNMENT AND POLITICS 


standing these differences in governmental organization, the 
colonies possessed many attributes in common. First, all 
the colonies were dependencies of the British crown. Sec¬ 
ond, the colonists enjoyed the rights of British-born sub¬ 
jects, and claimed the benefit of the common law of England 
as modified to meet the more democratic conditions of the 
new world. Third, local legislatures everywhere existed, the 
lower houses of which were chosen by popular suffrage; and 
these claimed a constantly increasing share in the affairs 
of government. Fourth, all of the colonies had a system of 
local self-government patterned more or less closely after 
English institutions. Finally, nearly all of the colonies had 
been granted charters during the early part of their history, 
and had thus grown accustomed to a fundamental law 
establishing a framework of government; and these charters 
eventually developed into the written constitutions now 
common to all the States. 

94 . The Colonial Legislature. The colonial legislature 
ordinarily consisted of two houses.^ The upper branch was 
Composition the governor’s council appointed by the crown or 
and powers governor (except in the corporate colonies). 

This council had a three-fold character, since it was an 
-administrative body, a high court, and a branch of the legis¬ 
lature. The lower house or assembly consisted of represent¬ 
atives generally chosen for a term of one year.^ At first the 
representatives sat in joint session with the governor and 
his council; but gradually the assembly gained the right to 
sit apart from the council, and thus became a distinct and 
independent body, with the right to vote separately upon all 
legislation. The constitutional history of the colonies is 
marked by a series of contests between the governors and 
assemblies, especially over questions of taxation and expend¬ 
iture. At the outbreak of the Revolution (1775), the assem¬ 
blies had established their right, shared with the council, to 

^ Except in Pennsylvania, Delaware, and Georgia. 

• The first representative assembly in America met in Virginia in 1619, only twelve years 
after the founding of the colony. 


ORIGIN OF STATE GOVERNMENTS rt 

initiate legislation; and through their power to vote taxes, 
they had a considerable check upon the executive. 

95* The Colonial Governor. The powers of the colonial 
governor were large, especially in the early period of colo¬ 
nial history and in the royal colonies.^ The royal 
governor acted under direct commission from the 
crown, and had large powers of administration, including 
the appointment of judges and nearly all other officials. 
Moreover, in the royal and proprietary colonies the governor 
controlled the upper house or council, and had at all times an 
absolute veto upon measures passed by the legislature. In 
addition to the governor’s veto power, the British crown 
reserved the right to disapprove any colonial legislation 
— a prerogative from which only Connecticut and Rhode 
Island were exempt. 

96 . Relations with Great Britain to 1760 . England’s colonial 
pohcy down to the Revolution of 1688 was in general a laissez- 
faire (let-alone) policy, the colonists being left to work 
out their own salvation. Colonization was largely in ni^^po^uoy 
the hands of private individuals, associations, or cor¬ 
porations, acting under authority of royal charters or simply by 
sufferance of the crown. Governmental authority was distributed 
among a number of separate colonies — of which there were twelve 
in 1684; and over these Parliament exercised only the slightest 
control. The territories in America were regarded as the domain 
of the crown, and not until the time of the Commonwealth (1642- 
1660) did Parliament concern itself actively with colonial affairs. 

The period from 1688 to 1715 was marked by an increased inter- 
est in colonial affairs owing to Great Britain’s desire to utilize the 
resources of the colonies in the development of her own Extension 
national power. By the navigation acts of the Com- ol imperial 
monwealth and Restoration governments. Parliament 
undertook to regulate colonial commerce and industry in accord¬ 
ance with prevalent mercantile theories. Since the existing colo¬ 
nial governments could not be relied upon to enforce the acts of 
navigation and trade, new administrative machinery had to be 

* The royal governor enjoyed such high prerogatives in colonial times that the first State 
constitution-makers, having learned by experience to fear executive authority, usually pro¬ 
vided for the supremacy of the legislature and gave their governors very little power.” — 
Beard, C. A., American Government and Polities, p. 5, 


78 


GOVERNMENT AND POLITICS 


devised. Accordingly the acts of 1696 established the Board of 
Trade and provided new customs officials and admiralty courts. 
The attempt begun by James II to vacate the charters of the 
proprietary and corporate colonies was followed up with a large 
measure of success; and by the close of 1691 the number of royal 
governments had been increased from two to five. In general, 
therefore, this period was one of closer imperial control. 

Then came a change. The years from 1715 to 1740 are known 
as the period of “ salutary neglect ” under Walpole, during which 
Period ol 1^^® colonies were improving their opportunities to de- 

salutary velop along their own lines, and were preparing to as- 

negloct sume an attitude of independence and later of defiance. 

For the most part the colonists were left to govern themselves; 
and accordingly they levied their own taxes, legislated on ques¬ 
tions of personal and property rights, and in general prospered 
through Great Britain’s neglect. 

The period from 1740 to 1760 was one of war, aiid naturally the 
chief interest in colonial affairs was from a military point of view. 
Period of was necessary to defend the colonies and at the same 

colonial time to attack the French in the St. Lawrence and 

wars Mississippi valleys. The colonies, especially those 

south of New York, seemed lukewarm in supporting the British 
troops; and hence the home government favored plans for colonial 
cooperation in military affairs, a policy which culminated in the 
Albany Congress. 

97 . Policy of Imperialism. At length, when George III suc¬ 
ceeded to the throne of Great Britain (1760), a vigorous colonial 
policy was inaugurated. This monarch sought to rule 
aeorgera ^ reign; and his policy for the time arrested 

political progress in Great Britain, and eventually 
Drought on the American Revolution. After years of laxity toward 
the colonies, the British government determined to carry out a pob 
icy of imperialism, — that is, determined to unify the Empire by 
asserting the authority of Parliament throughout British domains. 
The colonial governors and judges were to be made independent 
of the assemblies; colonial trade regulations were to be vigorously 
enforced; and regular troops were to be stationed in America and 
supported in part by colonial taxes. 

The progressive imperial policy was doomed to failure not only 
American because its execution was entrusted to such tactless 
theory of ministers as Grenville and Townshend, but also be- 

relatioM ^^^^e the long years of self-government had made the 

colonists independent in spirit and resolutely opposed to 


ORIGIN OF STATE GOVERNMENTS 


79 


surrendering any privileges of self-government. With regard to their 
relations to Great Britain the colonists made a distinction between 
allegiance to the crown and subjection tc Parliament: the former 
was conceded, the latter denied. While the authority of Parliament 
was not utterly repudiated, the colonists insisted that e. distinction 
must be made between general acts of Parliament tor the purpose 
of regulating trade and commerce throughout the entire Empire, 
and acts which directly imposed taxes upon the colonies. The 
power of Parliament to regulate navigation and trade by general 
acts was admitted during the early part of the dispute; but inter¬ 
nal taxes the colonists declared could be lawfully levied only by 
the colonial assemblies. 

Shortly after the close of the French and Indian War, Parliament 
asserted its right to tax the colonies for the support of the Empire; 
and even declared its power to legislate for the colonies 
“ in all cases whatsoever.” The crown, it was claimed, 
could grant no charters exempting the colonies from 
the supreme legislative authority of Parliament, which prevailed 
wherever the sovereignty of the crown extended. Hence the col¬ 
onists in their new home owed the same subjection and allegiance 
to the supreme power as if they resided in England. Parlia¬ 
ment’s legislative power over the colonies was therefore supreme 
and complete, including the power of taxation as well as of gen¬ 
eral legislation. 

98 . The Dispute over Representation. The colonists claimed 
exemption from the general authority of Parliament by virtue of 
the British constitution itself.^ English doctrine run- Taxation 
ning back to Magna Carta (1215) declared that taxes and repro- 
could be levied only with the consent of the people 
given through their representatives; and hence Parliament had no 
authority to levy a direct tax upon the colonists, since they were not 
represented in that body. In answer to this it was contended that 
“ virtual representation” satisfied the meaning of the British con¬ 
stitution; and in that sense the colonists were represented in Parlia¬ 
ment. Much of the bitter controversy that followed arose from 
the conflicting views of America and Great Britain as to what con¬ 
stituted representation. 

In the colonies there had long been a distinct territorial basis for 
representation; thus in New England the towns, and elsewhere 
generally the counties, sent representatives to the colonial assem¬ 
blies. Moreover, residence within the particular district was com- 

1 Also by virtue of their colonial charters and the “immutable laws of human nature.” — 
Declaration of Continental Congress of 1774. 


80 


GOVERNMENT AND POLITICS 


representa 

tion 


monly required for both voters and representatives. Hence the 
- I maxim “ no taxation without representation ” meant 

theory ot to the colonist that no taxes should be levied except 

by a legislative body in which was seated a member 
from his district chosen by its voters. 

In Great Britain a very different view of representation pre¬ 
vailed. In that country for many years no attempt had been made 
Representa- apportion representation according to population.^ 
tion In Great As a result ancient boroughs like Tavistock or Old 
Britain Sarum with less than a dozen inhabitants continued to 
send one or two members to Parliament; while such flourishing 
cities as Birmingham, Leeds, Manchester, and Liverpool had no 
representatives at all. Three hundred and seventy-one members, 
or more than half of the House of Commons, were chosen by one 
hundred and seventy-seven persons. Notwithstanding this con¬ 
dition, all Englishmen were held to be virtually represented in the 
House of Commons, since in theory each member of that body 
represents not a single borough only, but all parts of the Empire.^ 

Hence the British government claimed that the colonists like 
other Englishmen were virtually represented in the House of Corn- 
Virtual mons; and if they did not directly participate in the 
representa- election of its members, they were at least no worse off 
in that respect than the great body of Englishmen at 
home. The American answer to this argument was, that in England 
the non-electors were under no personal incapacity to vote and 
might acquire the franchise, while the colonists could not. Further, 
in England the interests of the electors were inseparably connected 
with those of the non-electors, and a statute oppressive to one class 
would also be oppressive to the other; but the colonists had no such 
safeguard, for aets oppressive to them might be popular with the 
English electors. 

99 . The Mercantile Colonial System. Underlying the polit¬ 
ical causes of the Revolution—disputes over royal prerogative and 
Economic questions of parliamentary and colonial rights — was 
theory a fundamental economic cause, the colonial system. 
oolimTw^ European powers including Great Britain looked upon 
their colonies as settlements made in distant parts of the 
world for the purpose of increasing the wealth of the colonizing 
country. Colonies were to furnish a market for the production of 
raw materials which the mother country wanted to buy, and for 


* No new Parliamentary boroughs had been created since the Restoration ( 1660 ). 

* English custom has never required that a member of Commons should be a resident of 
the district which elects him. 


ORIGIN OF STATE GOVERNMENTS 


81 


the consumption of manufactured products which the mother 
country wished to sell. 

In accordance with these doctrines, Great Britain passed a series 
of acts relating to navigation and trade which were designed to ex¬ 
ploit the colonies in the interests of English merchants gj 
and manufacturers. These consisted of (1) acts of navi- navigation 
gation intended to protect English shippers against 
foreign competition; (2) acts of trade designed to secure to English 
merchants a monopoly of colonial commerce; (3) acts giving to 
English manufacturers a monopoly of the colonial market. 

Although for many years the laws of trade were systematically 
evaded, this system of economic paternalism was a source of irri¬ 
tation and discontent to the robust people living three Results ot 
thousand miles away from the seat of power. At mercantile 
length, at the close of the French and Indian War 
(1763), the British ministry under Grenville’s leadership deter¬ 
mined to enforce the acts of navigation and trade in order to help 
defray the expenses of the war. Accordingly orders were sent to the 
American custom houses and the British war-vessels on the coast 
to use every effort to prevent smuggling. The rigorous enforce¬ 
ment of these acts threatened the commercial prosperity of the 
colonies; and the real issue between them and Great Britain be, 
came one of home rule — whether the colonies were to be allowed 
to map out their own destinies, or whether they were to be held 
in permanent tutelage to the British government. Economic free¬ 
dom or dependence was thus the fundamental issue. In thp words 
of Bancroft: “ American independence, like the great rivers of the 
country, had many sources; but the head spring which colored all 
the streams was the Navigation Act.” 

100 . Resistance to Great Britain. The Stamp Act passed by 
the British Parliament in 1765 marked a crisis in the dispute 
between the colonies and Great Britain. As internal 
taxes the stamp duties were especially obnoxious to the stamp Act 
colonists, and in consequence of the universal resistance 
to the measure it was repealed in 1766; but another act passed at 
the same time asserted Parliament’s power to legislate for the 
colonies “in all cases whatsoever.” 

Shortly after the repeal of the Stamp Act, the British govern¬ 
ment under Townshend’s leadership determined to try again to 
tax the colonies for imperial purposes. This time Great 
Britain endeavored to meet the colonists upon their 
own ground by discriminating between internal and 
external taxation. Accordingly the Townshend Acts (1767) levied 


82 


GOVERNMENT AND POLITICS 


duties upon certain imported articles,^ and were thus external taxes 
as defined by the colonists themselves. The proceeds were to be 
used to pay the salaries of the governors and judges, thus render¬ 
ing them independent of the contentious assemblies.* Writs of 
assistance were legalized, and the collection of the duties was fur¬ 
ther aided by the establishment oi‘ admiralty courts which should 
try revenue cases without a jury, thus preventing popular sym¬ 
pathy from shielding violators of the law. 

Popular resistance to the Townshend Acts was immediate and 
widespread. The colonists now abandoned their distinction be¬ 
tween internal and external taxation, and denied en- 
coloSsts°* tirely the power of Parliament to tax the colonies. The 
right of trial by jury was declared inalienable, popular 
control of the executive and judiciary was demanded as necessary 
to free government, and writs of assistance were denounced as 
illegal. Owing to this vigorous resistance the issue was sharply 
drawn whether Great Britain had the right to tax her colonies. 
The British government feared that to surrender the principle of 
taxation would be to abandon the policy of imperial control. At 
length Parliament repealed all the Townshend Acts except the 
tax on tea, thus removing everything but the offense, — “fixing 
the badge of slavery upon the Americans without service to their 
masters.” ^ 

From this time on, the chain of events in colonial history consists 
of a series of links leading to open rebellion. Non-importation 
agreements, the so-called Boston massacre (1770), the 
resistance burning of the Gaspee (1772), and the Boston Tea 
Party (1773), showed the resolute attitude of the col¬ 
onists. Great Britain, equally determined, replied in 1774 with 
the five “ intolerable acts,” and the die was irrevocably cast. 
Boston’s port was to be closed until the town should pay for the tea. 
The charter of Massachusetts was annulled, its executive and ju¬ 
dicial officers placed under royal control, its town-meetings deprived 
of nearly all powers of local government. The governor was 
empowered to send to Great Britain for trial any persons indicted 
for crimes committed in the suppression of riots or enforcement of 
the revenue laws. These three statutes constituted the coercive 
system; and to aid in their enforcement, a fourth act legalized the 
quartering of troops upon the inhabitants. Finally, the fifth act of 

^ Including glass, lead, painters’ colors, paper, and tea. 

* “The purposes for which the revenue was to be used showed clearly that the object of 
this legislation was not to regulate trade, but to assert British supremacy over the colonico 
at the expense of their political freedom.” — Fiske, John, The American Revolution, i, SI. 

* Junius (ed. of 1799), iip 31. 


ORIGIN OF STATE GOVERNMENTS 


83 


the series granted religious freedom to the people of Quebec, and 
extended the boundaries of that province southward to the Ohio 
River in defiance of the territorial claims of Massachusetts, Con¬ 
necticut, New York, and Virginia. This extensive region was to be 
governed by a viceroy with despotic power; and colonists who came 
to live there were to have neither popular meetings, nor habeas 
corpus, nor freedom of the press. ^ 

To these repressive acts Massachusetts could make but one 
answer — forcible resistance or absolute submission. Within two 
days after a copy of the port bill reached Boston, the 
Massachusetts committees of correspondence addressed 
the committees in all the colonies, recommending non¬ 
intercourse with Great Britain. When Governor Gage with four 
regiments sought to enforce the punishment meted out to Boston, 
sympathy and fear furnished the hitherto lacking bond of union 
among the colonies. The Virginia house of burgesses, dissolved by 
Governor Dunmore, recommended (May 27,1774) an annual Con¬ 
gress of all the colonies “ to deliberate on those general measures 
which the united interest of America may from time to time re¬ 
quire.” Accordingly, the first Continental Congress assembled at 
Philadelphia in September, 1774. After several weeks of discus¬ 
sion, this body adopted a Declaration of Rights and Grievances, 
and an agreement or “ Association ” pledging the colonies to sus¬ 
pend trade with Great Britain until redress should be obtained. ^ 
But the period of discussion was rapidly nearing a close, and 
throughout the continent preparations were being made for forc¬ 
ible resistance. Within a few months came the appeal to arms. 
Actual hostilities were precipitated by Gage’s efforts to destroy 
the military stores at Concord (April 19, 1775); and the fight at 
Lexington and Concord marked the beginning of the Revolution. 

loi. Declaration of Independence. Redress of grievances 
rather than independence was the aim for which the American 
patriots took up arms in 1775; but by January of the Growth ol 
following year it had become evident that there could spirit of in- 
be no middle course between complete separation or 
absolute submission. The growth of a spirit of independence had 
been greatly increased by the action of the British government in 
employing the Hessians, and also by the appearance, early in 1776, 
of Paine’s “ Common Sense,” a widely circulated pamphlet urging 
separation from the mother country. Beginning with the Mecklen 

* See the Declaration of Independence wherein the Quebec Act is cited as one of the 
ances. 

* The “Association” was effectually supported by committees of inspection throughout 
the country. 


84 


GOVERNMENT AND POLITICS 


burg Resolutions of May, 1775, towns, counties, and colonial legis¬ 
latures sent memorials to Congress asking that independence be 
declared. By May 15,1776, the sentiment in favor of independence 
was so strong that Congress passed a resolution recommending to 
the colonies the formation of State governments, and declaring 
that the exercise of all authority under the crown of Great Britain 
should be totally suppressed. 

On June 7, 1776, Richard Henry Lee, of Virginia, moved the 
adoption of a formal declaration of independence; and a few days 
Committee later acommittee was appointed consisting of Jefferson, 
ondeclara- John Adams, Franklin, Sherman, and Livingston, to 
draw up such a declaration. The draft was written by 
Thomas Jefferson, and on July 1 the committee made its report, 
which was formally adopted July 4. 

The Declaration really consists of three parts: the first contains 
an exposition of political philosophy, based largely upon John 
Locke’s great “ Essay on Government next follows 
declaration enumeration of grievances, twenty-nine in number, 
put forward as the justification for separation; and the 
third part consists of the declaration that the united colonies are 
free and independent States. The adoption of the Declaration 
marks the birth of a new nation, and the colonies thereupon 
assumed the title of the United States of America. 

GENERAL REFERENCES 

Andrews, Charles McLean, Colonial Self-Government (1904). 

Ashley, R. L., The American Federal State (1903), chs. iii-iv. 

Bancroft, George, History of the United States (1883), vol. iii. 

Beard, C. A., American Government and Politics (1910), ch. i. 

- Readings in American Government and Politics (1910), chs. i-ii. 

Cambridge Modern History, vii. The United States (1906), chs. i-ii, v-vi 
Channing, Edward, History of the United States (1918), iii, pp. 1-209. 
Fiske, John, The American Revolution (1891), i. 

Greene, E. B., Provincial America (1905), chs. i-v, xi, xvi. 

Hart, A. B., American History Told by Contemporaries, ii, chs. vii-xi, xxi- 

XXV. 

Howard, G. E., Preliminaries of the Revolution (1905). 

Ingram, J. K., History of Political Economy (1888), ch. iv. 

Landon, Judson S., The Constitutional History and Government of the United 
States (1905), chs. i-iii. 

Macdonald, William, Select Charters and Other Documents (1904), pp. 253- 
396. 

Osgood, Herbert L., The American Colonies in the Seventeenth Century (1904) 
Schouler, James, Constitutional Studies (1904), pp. 9-28. 

Story, Joseph, Commentaries on the Constitution of the United States (5th ed.. 
1905), secs. 1-217. 



ORIGIN OF STATE GOVERNMENTS 85 

Thorpe, Francis N., Constitutional History of the United States, i, pp. 1-165. 
Thwaites, R. G., The Colonies (1904). 

Van Tyne, C. H., The American Revolution (1905), chs. i-ii. 

Woodburn, James A., The American Republic and its Government (1908), 

ch. I. 


QUESTIONS AND EXERCISES 

1 . Point out the analogy between the colonial charters and our State con¬ 
stitutions. 

2. State facts tending to justify the statement that the colonial governor 
was a reduced copy of the British king. 

3. Prepare a report upon the mercantile colonial system. 

4. Describe the transition from colonial to State governments. (Bryce, 
James, The American Commonwealth, i, ch. xxxvii.) 

5. Contrast the American and British theories of representation during 
the eighteenth century. 

6 . When was the British Parliament reformed and made really represent¬ 
ative? Effects of this measure? 

7. Explain the diflFerence between a revolution and a rebellion. Give 
instances of each in British and American history. 

8 . State and discuss the principal causes of the American Revolution. 

9. Name the principal grievances enumerated in the Declaration of Inde¬ 
pendence. 

10. Compare the declarations of rights of 1765 and 1774 with the Declara¬ 
tion of Independence, showing the growth of the spirit of self-govern¬ 
ment. 

11 . Is taxation without representation always tyranny? Have we any 
instances now of taxation without representation? 

12. What were the chief political effects of the Declaration of Independ- 
ence? 

13. What was the effect of the American Revolution upon British politics? 
Upon the political situation in France? 

14. Compare our Revolution w’ith the French Revolution as to causes, 
character, and results. 


CHAPTER VIII 


STATE CONSTITUTIONS 

102 . Early State Constitutions. New Hampshire,^ South 
Carolina, Virginia, and New Jersey adopted State constitu¬ 
tions before independence was declared; and by 
1780 all the States except two had followed their 

example. The two exceptions were Connecticut and Rhode 
Island, whose ancient charters were so liberal that with 
slight changes they served for many years as State constitu¬ 
tions. ^ Of these eleven early constitutions,' only that of 
Massachusetts was submitted to popular vote for ratifica¬ 
tion, a practice now almost invariable; but the conventions 
and congresses which framed the others acted in a repre¬ 
sentative capacity. 

The great significance of the Revolutionary constitutions 
lies in the fact that for the first time in history the people 

had ordained written constitutions superior to 

Slgnlllcance ... 

and limiting the government, and alterable only 
by the people themselves.^ The leading features of these 
constitutions were undoubtedly suggested by the colonial 
charters, which were modified to meet the new conditions 
created by the Revolution. 

103 . Parts of the State Constitutions. The early State 

Early con- constitutions ordinarily consisted of two parts: 
stituUons qJ rights, an enumeration of the civil 

and political rights of the individual; and second, an outline 

* On January 5, 1776, New Hampshire adopted the first State constitution formed by the 
people. 

* Connecticut adopted a new constitution in 1818, Rhode Island in 1842. 

* A State constitution has been defined by Bryce as “a comprehensive fundamental law, 
or rather group of laws included in one instrument, which has been directly enacted by the 
people of the State, and is capable of being repealed or altered, not by their representa¬ 
tives, but by themselves alone.” — The American Commontoealih, i, p. 427. 


STATE CONSTITUTIONS 


87 


of the general framework of government, providing for 
executive, legislative, and judicial departments, and pre¬ 
scribing the qualifications for the suffrage. 

In addition to the foregoing, modern constitutions com¬ 
monly contain a large number of miscellaneous provisions 
relating to finance, education, corporations, taxa- Modern oon- 
tion, and public institutions. The method of 
constitutional amendment is also prescribed; and sometimes 
a schedule is added providing for the method of ratification, 
and for the transition from the previous constitution to the 
new one. 

104 . Bills of Rights. Seven of the original thirteen States 
inserted in their first constitutions a declaration of the 
fundamental rights of the individual, and their 
example has since been generally followed. These 
declarations are the legitimate successors of such great Eng¬ 
lish bills of rights as Magna Carta (1215), Petition of Right 
(1628), and the Bill of Rights (1688); and they also re¬ 
affirm the principles of the American declarations of rights 
as avowed by the Stamp Act Congress (1765), the first 
Continental Congress (1774), and finally the Declaration 
of Independence (1776).^ 

The bill of rights commonly affirms the general principles 
of republican government, that all powers are inherent in 
the people and all free government formed by their 
authority; that elections shall be free and equal; 
and that the laws shall not be suspended except by the legis¬ 
lative assembly. Generally the fundamental rights of the 
individual are also asserted — that all men have certain in¬ 
alienable rights, including those of enjoying and defending 
liberty, and acquiring and possessing property. Other im¬ 
portant safeguards against oppression or injustice are often 
added, including guaranties of the right of free speech, trial 

» “The colonists had in vain contended that an act of Parliament against Magna Charta 
was void, and they therefore were explicit in defining the rights of the people which their own 
governments must not invade.” — Landon, J. S., The Constitutional History and Government 
(Jthe United States, p. UO. 


88 


GOVERNMENT AND POLITICS 


Authority 


by jury, the free exercise of religious worship, and the right 
peaceably to assemble and petition the government for 
redress of grievances.^ 

105 . Early State Legislatures. The legislature consti¬ 
tuted the most prominent feature of the early State govern¬ 
ment, and its authority was unrestricted except by 
the bill of rights. Notwithstanding this large 

power, the duties of the early legislature were few, since the 
simple agricultural life of the eighteenth century involved 
few of the problems which confront the modern industrial 
State. 

With the exception of Georgia and Pennsylvania, all 
legislatures consisted of two branches, a lower and an upper 
house, each designed to act as a check upon 
the other. Members of the lower house were 
everywhere chosen for a term of one year; while in a few 
commonwealths the members of the upper house were 
elected biennially. 

106 . The State Executive. Protracted contests with the 
royal governors had inspired the colonists with a profound 
Distrust of ^strust of executive power; and this feeling is 
exocutivo reflected in numerous provisions of the early con- 

stitutions. The short term, the limited authority, 
and the ineligibility of the governor to succeed himself in 
office were intended to prevent any danger of executive 
tyranny. The governor had the military powers formerly 
exercised by his colonial predecessor, but in most States he 
could not veto a bill,^ or grant a pardon, or make appoint¬ 
ments except to minor military and judicial offices. In 
several commonwealths the governor’s power was further 
restricted by means of an executive council modeled partly 
after the British Privy Council and partly after the colonial 
executive council. In five States the governor was chosen 
by the people^ in the others by the legislature. 


* For a typical bill of rights, see article i of the constitution of New York. 

» The Massachusetts constitution of 1780 set the precedent for future practice by confer' 
ring a limited veto which the legislature might overrule by a two-thirds vote. 


STATE CONSTITUTIONS 


89 


107 . The Judiciary. The judicial power was vested in 
courts whose judges were either appointed by the executive 
or elected by the legislature. Good behavior was 

the judicial term originally adopted by a majority 
of the States. Of the three departments of government the 
judiciary was least affected by the Revolution. The prin¬ 
cipal change was the separation of legislative and judicial 
functions, the legislatures being deprived of any judicial 
powers formerly exercised. Another reform consisted in de¬ 
fining more accurately the jurisdiction of the various courts. 

108 . Checks and Balances. The governmental checks 
and balances which formed a prominent feature of the early 
constitutions have been retained and elaborated separattou 
in more recent ones. The most important of these 

is the separation of the executive, legislative, and judicial 
powers ^ by the creation of distinct departments for the 
exercise of each power. Upon legislative action there is now 
(although not in early constitutions) the check of the execu¬ 
tive veto; upon the executive and judiciary the legislature 
has a restraint through the power l^of impeachment; and 
finally, the judiciary constitutes a check upon both legis¬ 
lature and executive, since it may declare legislation uncon¬ 
stitutional, and may restrain executive agents from acts in 
excess of their authority. 

The second great principle included under the term 
“checks and balances” is that of division of powers between 
the State and federal government on the one Division 
hand, and between the State and local govern- 
ment on the other. Through this division each government 
is entrusted with those functions which it is best adapted to 
perform, and encroachment by one authority upon another 
is prevented by written constitutions defining the powers of 
each government. 

1 The first elaborate discussion of the principle of separation of governmental powers was 
that of the great French publicist, Montesquieu, whose work UEsprit dcs Lois (The Spirit of 
the Laws), was published in 1748. Montesquieu wrote of the British government where 
separation'of powers had ceased to exist in fact. Parliament having become the all-powerful 
element of the British government. 


90 


GOVERNMENT AND POLITICS 


109. The Development of State Constitutions. Three 
periods may be distinguished in the development of State 
constitutions: first, from 1776 to 1800 (including the Revo¬ 
lutionary constitutions and the new constitutions adopted 
within the next twenty years); second, from 1800 to the 
Civil War; third, from the Civil War to the present time. 

no. Second Period, 1800-1860. The period from the 
beginning of the nineteenth century to the Civil War is 
Democratic marked by the democratic spirit which every- 
®P^*^** where left its imprint upon political institutions. 
The principle became firmly established that a constitution 
should be framed by a special convention called for that 
purpose, and subsequently ratified by popular vote. The 
property qualifications formerly prescribed for voters were 
replaced in most commonwealths by universal manhood suf¬ 
frage. The election of the governor was taken from the 
legislature and given to the people; and in most States, the 
judiciary likewise became elective. 

III. Third Period, i860 to the present Time. Three 
important characteristics marked the third period in the 
ExecuUve development of State constitutions. First, the 
authority tendency to strengthen the executive depart¬ 
ment. The term of the governor has been length¬ 
ened, and in every State except North Carolina, he has 
been entrusted with a limited veto upon legislation. 

The second characteristic is the placing of important 
limitations upon the power of the legislature. The limi- 
Legisiativo t^tions most commonly found are those upon 
r°8Uicted legislation, concerning internal improve¬ 

ments, restricting the amount of indebtedness 
which may be incurred during any one year, and limit¬ 
ing the length of the legislative session. 

A third characteristic is the enlarging of the field of 
administrative activity. The agricultural State of the 
eighteenth century has been succeeded by the modern 
industrial State, and the field of governmental activity has 


STATE CONSTITUTIONS 


91 


broadened accordingly. Hence recent constitutions in¬ 
clude numerous provisions concerning the public 
schools, charitable and reformatory institutions, istrativo 
regulating the hours of labor and conditions in 
factories and workshops, protecting the public health, 
suppressing lotteries and gambling, regulating corporations, 
and providing for the government of mimicipalities. 

112 . Enactment of State Constitutions. Many of the 
Revolutionary constitutions were drawn up by conventions 
or congresses which constituted the temporary Early 
form of government; and Massachusetts alone P”®®diire 
(in 1780) adopted the method of procedure since commonly 
followed of electing delegates to a convention for the ex¬ 
press purpose of framing a constitution, and afterwards 
submitting the instrument thus drafted to the people for 
approval. 

The States which have been admitted to the Union since 
1789 have entered it as organized self-governing commun¬ 
ities, with constitutions already formed. When 
Congress decides to admit a territory to state- of now 
hood, it may pass an act empowering its people 
to hold a convention and enact a constitution; or Congress 
may accept and confirm a constitution previously drawn 
up by a territorial convention. 

113 . Amendment of State Constitutions. Three different 
methods have been evolved whereby State constitutions 
may be amended. ( 1 ) About two thirds of the States pro¬ 
vide for amendment by a constitutional convention com¬ 
posed of delegates elected by the voters. ( 2 ) Another gen¬ 
eral method of amendment, found in all States except New 
Hampshire, is through legislative action subsequently rati¬ 
fied by popular vote. (3) Within the last decade several 
commonwealths have adopted a method of amendment en¬ 
tirely independent of the legislature, through the popular 
initiative and referendum. 

114 . Amendment by Constitutional Convention. The 


92 


GOVERNMENT AND POLITICS 


convention method is universally employed when it is de* 
sired to adopt a new constitution to replace the existing one. 
Sometimes the State constitution itself provides for such 
conventions at regular intervals; and in seven common¬ 
wealths, the constitutions require a periodical vote of the 
people (once in seven, ten, sixteen, or twenty years) upon 
the question whether a convention shall be called. Else¬ 
where the initiative is left to the legislature, which may de¬ 
clare by vote or resolution in favor of a convention.^ After 
notice by publication, a vote of the people is taken on the 
question of calling a convention, and the legislature then 
acts in accordance with the result of the popular vote. If 
the majority has been favorable, the legislature arranges for 
the election of delegates to the convention, ordinarily from 
districts throughout the State; and also fixes the time and 
place for the convention sessions. After the convention has 
completed its work, the common practice is to submit the 
new constitution to the voters for their approval or dis¬ 
approval.^ 

115 . Amendments proposed by Legislatures. Fre¬ 
quently, separate constitutional amendments are adopted 
Proposal which do not involve revision of the entire instru- 
and ment. These are usually proposed by the legis¬ 

lature and then submitted to popular vote. In 
some States only a majority vote of the legislature is re¬ 
quired for the proposal of amendments, but generally a 
special majority in each house is required, as two thirds or 
three fourths of the members. In several commonwealths 
amendments cannot be considered until they have been 
proposed by two successive legislatures. After the amend¬ 
ment is proposed, it must be ratified by the voters, special 
majorities of the popular vote being sometimes required. 

* A majority of the States require a two-thirds vote of the members of both houses in order 
tx) pass such a resolution. 

* Of one hundred and fifty-seven constitutional conventions down to 1887, one hundred 
and thirteen submitted their work to the people and forty-four did not. — Jameson, J. A., 
Constitutional Conventions, p. 496. Sometimes an absolute majority of all qualified voters is 
required for ratification; generally only a majority of the votes cast at the polls. 


STATE CONSTITUTIONS 


93 


116. Amendment through the Initiative and Referendum. 
A third method of amendment, that of the initiative and 
referendum, is found in several commonwealths. For ex¬ 
ample, in Oregon eight per cent of the legal voters may pro¬ 
pose an amendment by petition. The proposal must be sub¬ 
mitted to the voters, and if it receives a majority of all votes 
cast thereon, it becomes a part of the constitution. Other 
States which provide for the amendment of their constitu¬ 
tions through the initiative are: Arizona, Arkansas, Cali¬ 
fornia, Colorado, Massachusetts, Michigan, Missouri, Ne¬ 
braska, Nevada, North Dakota, Ohio, and Oklahoma. 

117. Authority of State Constitutions. The constitution 

together with its amendments constitutes the supreme or 

fundamental law of the commonwealth, to which „ .. 

. . Supreme or 

all authorities, executive, legislative, and judicial, fundamen- 
are subordinated. It is to be regarded as an or¬ 
ganic law made by the people themselves acting through 
special conventions; and its high authority is owing to the 
fact that its enactment is a direct exercise of popular sover¬ 
eignty. Hence the constitution overrides all minor State 
laws, and any act contrary to its provisions is null and 
void, and will be so declared by the courts if the act be 
drawn in question. On the other hand, the State constitution 
must not conflict with any provision of the federal constitu¬ 
tion, or with any federal statute or treaty authorized under 
that instrument. If it is claimed that such a conflict exists, 
the ultimate decision will be made by the federal courts. 

GENERAL REFERENCES 

Ashley, R. L , The American Federal State (1903), pp. 344-350. 

Baldwin, Simeon F., Modern Political Institutions (1898), ch. in. 

Beard, C. A., American Government and Politics (1910), pp. 78-98, 445- 
460. 

--— Readings in American Government and Politics (1910), ch. v. 

Black, H. C., Handbook of American Constitutional Law (1897), chs. i, in. 
Borgeaiid, Charles, Adoption and Amendment of Constitutions in Europe 
and America (1893). 

Bryce, James, The American Commonwealth (1907), i, chs. xxxvn-xxxvni. 
Cleveland, F. A., The Growth of Democracy in the United States (1898), ch. v. 



94 


GOVERNMENT AND POLITICS 


Cooley, Thomas M., Constitutional Limitations (1903), ch. in. 

Dealey, J. Q., Our State Constitutions (1907). 

Dodd, W. F., The Revision and Amendment of State Constitutions (1910). 
Hart, A. B., Actual Government (1903), ch. in. 

Hitchcock, H., American State Constitutions (1887). 

Jameson, J. A., Constitutional Conventions (4th ed., 1887). 

Lalor, John J., Cyclopedia of Political Science (1881), i, “The Constitutional 
Convention. “ 

Landon, Judson S., The Constitutional History and Government of the United 
States (1905), ch. iv. 

McClain, E., Constitutional Law in the United States (1905), ch. ii. 

Phillips, J. B., Recent State Constitution-Making; University of Colorado 
Studies (1904). 

Schouler, James, Constitutional Studies (1904), pp. 45-69. 

Thorpe, F. N., Constitutional History of the United States (1901), i, pp. 166- 
184. 

- The Federal and State Constitutions (1909). 

Woodburn, James A., The American Republic and its Government (1908), 
pp. 342-348. 


QUESTIONS AND EXERCISES 

1 . When, by whom, and under what circumstances was the constitution 
of your State made? 

2 . Was it ratified by popular vote? Why should the people vote upon this 
question? 

3. How many constitutions has your State had in all? Has any proposed 
constitution ever been rejected by the voters? 

4. Does the present constitution of your State lack any of the parts named 
in Section 103? 

5. If there is a bill of rights, make a list of the rights enumerated. Com¬ 
pare with those asserted in Magna Carta, the Bill of Rights (1688), 
the Declaration of Independence, and the Constitution of the United 
States. 

6 . Give reasons for the increased number of miscellaneous provisions in¬ 
serted in recent State constitutions (Sec. 111). Compare the number 
and content of the miscellaneous provisions in your State constitution 
with those of a recent constitution, e. g., Oklahoma, and also with those 
of an older constitution, e. g., Massachusetts. 

7. How many amendments have been added to your State constitution? 
Make an outline showing in a few w’ords the general subject-matter of 
each amendment. 

8 . Compare the amendments of your State constitution with those of the 
constitution of some other State. 

9. Describe in detail the method by which your State constitution may be 
amended, giving (a) the method of proposing amendments, and (b) the 
method of ratification. 

10. Suggested readings on State constitutions: Kaye, P. L., Readings in 
Ci^ Government, pp. 261-281. 



CHAPTER IX 


THE STATE LEGISLATURE 

Ii8. Composition of the Legislature. The State legisla= 
ture or general assembly invariably consists of two houses, 
the smaller of which is called the senate, the more a two- 
numerous being styled the house of representa- 
tives, or assembly, or house of delegates.^ The two houses 
have practically equal powers, differing chiefly in the num¬ 
ber of members, in the length of their term, and in certain 
special duties imposed upon each branch. The average 
membership of the senate is about thirty, while the house of 
representatives is generally three or four times as large. 

For the purpose of electing members the States are di¬ 
vided into numerous senatorial and house election districts, 
the senatorial districts being considerably larger Election 
than the house districts.^ In many common- 
wealths the county is the unit for districting, each county 
electing one or more members to the house, according to its 
population; while several counties are united into a single 
district to elect a senator. 

An objection frequently urged against our method of 
electing legislators is that these officers represent not the 
entire body of voters, but the majority only, 

Various plans of securing minority representation representa- 
have been proposed. One of these is the cumulat¬ 
ive vote, which gives each elector as many votes as there are 
places to be filled, and allows him to distribute his votes as 

1 Three States, Pennsylvania, Georgia, and Vermont, have experimented with legis¬ 
latures consisting of a single house, but at present the two-house plan is universal. 

• In New England (excepting Massachusetts), each town ordinarily elects one or mom 
members of the lower house of the legislature. 


96 


GOVERNMENT AND POLITICS 


he i)leases.' By concentrating their votes upon one candi¬ 
date, a large minority in any district is thus assured of repre¬ 
sentation. 

119. The Members of the Legislature. Members of the 
legislature are chosen by voters possessing the qualifications 
Quaiifica- as to age, citizenship, and residence prescribed by 

the State constitution. Several commonwealths 
also have an educational or property qualification. As a 
rule, a person qualified to vote is eligible to membership; 
but holders of public office. State or federal, are generally 
disqualified from sitting in the legislature. In a few com¬ 
monwealths, the age qualification for the Senate is higher 
than that for the house. In all States, either by law or cus¬ 
tom, members must reside in the district from which they 
are elected. 

The term of a senator is generally longer than that of 
a representative, although in nineteen commonwealths it 
Term and is the same. In most of the States, senators are 
salary elected for four years, while the common term for 
representatives is two years.^ In twenty-four States the 
senate differs from the house in being a continuous body, 
only half of its membership being renewed at one time. 
Senators and representatives receive the same compensa¬ 
tion, either an annual salary or a per diem compensation 
based upon the length of the legislative session. 

120. Organization and Procedure. The time for the 

meeting of the legislature is fixed either by the State con- 
LegisiaUye stitution or by statute. Annual sessions, formerly 
sessions common practice, are now held in only six 

States; ^ while elsewhere sessions are biennial.'^ Special 

^ This is the method followed in Illinois in the election of members of the lower house of 
the legislature. Three representatives are chosen from each district, and the voter may cast 
as many votes for one candidate as there are representatives to be elected, or may distribute 
his votes or equal parts thereof as he sees fit. 

* Massachusetts retains the old practice of annual elections for both senators and repre¬ 
sentatives; New York and New Jersey elect representatives annually. 

* Georgia, Massachusetts, New Jersey, Rhode Island, New York, and South Carolina. 

* Except in Alabama, where the regular meetings are held every four years. 


THE STATE LEGISLATURE 


97 


sessions may be called by the governor if occasion requires, 
or the legislature itself may adjourn to meet later in special 
session. The length of the session is often restricted to 
forty or sixty days. In case the two houses fail to agree 
upon a time for adjournment, the governor may adjourn 
them. The legislature sits at the State capitol, or State 
house, each branch having its separate chamber. 

The internal organization follows closely that of Con¬ 
gress. Each house chooses its own officers (except that 
the lieutenant-governor is frequently the presiding 
officer of the senate). In each house there is a 
body of standing committees, generally appointed by its 
presiding officer, and a group of party leaders who act as 
a steering committee. Some legislatures, following the pro¬ 
cedure in Congress, have a committee on rules which de¬ 
termines the order in which measures shall be considered. 
Each house determines its own rules of procedure; exercises 
the exclusive right of deciding upon the election and 
qualifications of its members; keeps a journal or record of 
its proceedings; disciplines members for disorderly or 
contemptuous behavior, even to the extent of expelling 
them; ^ and punishes persons guilty of contempt of the 
house or breach of its privileges. The legislature has the 
power to compel the attendance of witnesses and the pro¬ 
duction of papers when necessary to obtain information in 
aid of legislation; or it may appoint committees and in¬ 
vest them with these powers. 

During the sessions, members of the legislature are priv¬ 
ileged from arrest on civil process; ^ and they privilege? 
also have the privilege of freedom of speech as to “ember? 
utterances made in the discharge of their official duties. 

* A two-thirds vote is ordinarily required to expel a member. 

* “ The object of the privilege from arrest is to exempt members from being interfered with 
by judicial procedure while in the discharge of their duties. At other times and in other re¬ 
spects they are subject to the jurisdiction of the courts as fully as private persons. Indeed, 
the exemption is of little practical value, as arrest or seizure of the person is no longer gener¬ 
ally authorized except for crime, and all crimes of a serious nature are included within the 
description of treason, felony, and breach of the peace.” — McClain, E., CoyutiliUiotud 
Law in the United Staten, p. 69. 


98 


GOVERNMENT AND POLITICS 


121. The Enactment of Laws. No law can be passed 
except by bill, which may be defined as “a written draft 
Introduction of a proposed act of legislation.” ^ A bill may 
oiMiis originate in either house (except bills for raising 
revenue, which under most constitutions must originate in 
the lower branch). Bills may be introduced by any member, 
or by a committee, or by a message from the other house.* 

Upon introduction the bill is read (usually by title only), 
and referred to the appropriate standing committee. If 
Process oi favorably considered by the committee, it is 
legislation printed and reported back to the house with such 
amendments as the committee may favor. The bill now 
receives its second reading,® being read and debated section 
by section, and may be adopted, rejected, amended, referred 
back to the committee, or referred to the committee of 
the whole ^ for further consideration. If the bill passes upon 
second reading, it is generally referred to the committee on 
revision. It is then engrossed, that is, copied in legislative 
script, after which it is reported back to the house for its 
third reading and final vote. Many constitutions provide 
that on the final vote on every bill, the yeas and nays shall 
be entered upon the journal. This provision is intended 
to fix upon each member his due share of responsibilitj" 
for legislation, and also to furnish conclusive evidence of 
the passage of a bill by the requisite majority. Some con¬ 
stitutions provide that all bills, or all bills on certain sub¬ 
jects, must receive a majority vote of the members elected; 
otherwise, a simple majority of a quorum ^ is suflScient. 

After a measure passes one house, the engrossed copy is 
Joint acUon sent to the other house, where the same process is 
necessary repeated. A measure which has passed one house 

* Black, H. C., Constitutional Law, p. 325. 

* In all States the governor has power to recommend legislation in his message 

I In some legislatures the second reading follows immediately after the first reading liy 
title; but the constitutions of many States require separate readings on different days. 

* The committee of the whole is the entire house acting as a committee. 

^ By a quorum is meant the number necessary to transact business — generally a majurt^ 
«f the members elected. 


THE STATE LEGISLATURE 


98 


may be altered, amended, or rejected by the other; but to 
become a law, the same act must pass both houses in the 
same identical form. If the measure is amended, it must 
go back to the originating house. If this body does not 
concur in the amendments, an effort is made to reach an 
agreement through the appointment by each house of 
members of a conference committee. When a bill has passed 
both houses it is enrolled, then signed in open session by 
the presiding officer of each house, and presented to the 
governor. 

122 . The Governor’s Veto. In all commonwealths ex¬ 
cept North Carolina, every bill which has passed both 
branches of the legislature must be submitted to Exercise of 
the governor for his approval. If he signs the meas- **®^®*’ 

ure, it thereby becomes law; if not, he returns it with his 
objections to the house in which it originated, where the 
objections are entered at large upon the journal. Upon re¬ 
consideration the bill may become law notwithstanding 
the veto, provided it receives the votes of a sufficiently 
large majority (ordinarily two thirds of the members in 
each house). The governor generally has a period of ten 
days (excluding Sundays and holidays) in which to veto a 
measure. If he does not return the bill with his objections 
within this period, it becomes a law without his signature, 
unless the legislature by adjournment prevents its return. 
In a majority of the States the governor possesses the 
important power of vetoing particular items in an appro¬ 
priation bill, while approving the rest of the measure. 

Unless otherwise provided, an act becomes operative 
and in force from the time of its approval by the governor. 
In many cases statutes are passed to take effect stat- 
either at the end of a stated period after approval, ntes b^ecomo 
or on publics tion in a specified manner. The ob¬ 
ject of postponing the time of taking effect is to enable those 
affected by a statute to advise themselves of its provisions. 

12^. Spope^of State Legislative Power. The power of 


100 


GOVERNMENT AND POLITICS 


Contrast 

with 

Congress 


Private law 


the State legislature extends to every subject of legislation, 
unless in the particular instance its exercise is for¬ 
bidden by some provision of the State or federal 
constitution. Unlike Congress, which possesses 
legislative authority only over enumerated classes of sub¬ 
jects, the State legislature possesses general powers of legis¬ 
lation. If the question arises whether the legislature has 
power to pass a certain law, the presumption is that it can 
do so; and some positive prohibition either in the federal 
or State constitution must appear to overcome this pre¬ 
sumption. ^ 

The possible subjects of State legislation may be classi¬ 
fied under three heads: — 

(1) Ordinary private law, or the body of law which guides 
us in the every-day relations of life, as the law of 
contracts, domestic relations, property, torts, 

and crimes. 

(2) Administrative law, or the law relating to the carry¬ 
ing on of government, to the raising and expending of 
Administrat- revenues, and to the control of personal and pro- 
iveiaw perty rights so as to secure the general welfare. 
This includes legislation concerning local government, pub¬ 
lic works, education, corporations, charitable and penal 
institutions. 

( 3 ) Local and special laws, or laws which apply to less 
Local and than a class of subjects, as measures granting 
special laws franchises to particular corporations, incorporat¬ 
ing certain local communities, and the like.^ 

124, Non-Legislative Duties. Besides their power to 

Electoral make laws, the legislatures of some common- 

and Judicial wealths are charged with certain functions not 
functions 1 • 1 . 1 i i • 

legislative, notably the important one of electing 

certain State officers. Generally, too, they may impeach 


• On the other hand, every act of Congress must be traced for its authority to the national 
constitution; unless it can be affirmatively shown that the power to legislate in the particu¬ 
lar instance is granted or implied by that instrument, it cannot be exercised. 

2 More legislation of the third class, local and special, is passed than of both the others to¬ 
gether; and so excessive and objectionable has special legislation become that many States 
prohibit it altogether in regard to important classes of subjects. 



NEW YORK STATE CAPITOL AT ALBANY 



OHIO STATE CAPITOL AT COLUMBUS 






























































THE STATE LEGISLATURE 


101 


any State official for misconduct, the procedure in such 
cases resembling that in Congress. 

125 . Limitations upon Powers of State Legislatures. 
Although in theory State legislatures are invested with 
general authority to make laws, in practice their action is 
checked by important limitations. These limitations may 
be grouped under four heads: ( 1 ) those expressly imposed 
by the national constitution; ( 2 ) those implied from pro¬ 
visions of the national constitution, or from the nature of 
the relation between the States and the federal government; 

(3) those expressly imposed by the State constitutions; 

(4) those implied from the republican nature of State 
government. 

126 . Limitations imposed by the Federal Constitution. 
The express limitations imposed by the federal constitu¬ 
tion upon the legislative power of the States are 

found in Article I, Section 10 , of the national 
constitution, and also in the thirteenth, fourteenth, and 
fifteenth amendments.^ These restrictions are designed 
first, to prevent the States from infringing upon the sphere 
of the national government (e.g.^ no State may enter into 
any treaty, coin money, or emit bills of credit); and second, 
to secure private and political rights from encroachment 
on the part of the States no State may pass any law 
impairing the obligation of contracts, establish slavery, or 
deprive any person of life, liberty, or property without 
due process of law.) 

127 . Limitations implied from Federal Constitution. 
The second class of limitations upon the legislative power 
of the States are those implied either from express Exclusive 
provisions of the federal constitution, or from the *ederai 
nature of the relation between the States and the 

federal government. Thus in some cases the powers granted 
Congress are exclusive, either because so declared in express 
terms — as the power “ to exercise exclusive legislation ” 

» See Sections 305-806. 


102 


GOVERNMENT AND POLITICS 


over the seat of government; or because the subject-matter 
of the power is national in character, demanding a uniform 
system; for example, the power to establish a uniform sys¬ 
tem of naturalization. ^ 

128 . Limitations imposed by State Constitutions. Ex¬ 
amples of subjects frequently prohibited are: statutes in- 
Measures consistent with democratic principles (favoring 
commonly any religious denomination, or granting titles of 

nobility); statutes against public policy (impair¬ 
ing the obligation of contracts, permitting lotteries); stat¬ 
utes which are private, local, or special in their nature 
(especially those designed to regulate the internal affairs 
of counties and municipalities); statutes increasing the 
State or local debt beyond a certain amount. 

129 . Limitations implied from the Republican Nature of 
State Government. For example, there are certain implied 
To protect limitations upon legislative power as a result of 
political the principle that the legislature is to be regarded 

as a trustee for the people. Hence legislative 
power may not be delegated to any other body or person, but 
must be exercised by the legislature itself; nor can public pro¬ 
perty or governmental powers (as taxation and police powers) 
be surrendered to private persons. Public money raised by 
taxation can be appropriated and expended only for public 
purposes. Nor can the legislature pass any law which may 
not be repealed by a subsequent legislature, unless the act 
takes the form of a contract founded upon a consideration. 

130 . Direct Legislation. By direct legislation is meant 

that in which the people participate directly, instead of 
The acting through their representatives. The most 

referendum common example is the referendum, by which 
legislative measures are submitted to popular vote for ap- 
oroval or rejection. ^ Early in our history it became an es- 

* See Section 307. 

* “The referendum is a plan whereby a small percentage of the voters may demand that 
any statute passed by the legislature (with the exception of certain laws) must be submitted 
to the electorate and approved by a stipulated majority before going into effect.” — Beard, 
C. A., American Oovemment and Politics, p. 463. 


THE STATE LEGISLATURE 


103 


tablished principle that proposed constitutions or amend¬ 
ments should be referred to the voters for ratification. The 
referendum has since been employed to determine questions 
of ordinary legislation, as the incorporation of municipalities, 
the organization of counties and townships, location of 
county seats, incurring of indebtedness, granting of munic¬ 
ipal franchises, and issuing of liquor licenses. The refer¬ 
endum affords a valuable check upon the action of State 
legislatures and municipal councils; and it also provides a 
certain means of determining whether proposed legislation 
is approved by public sentiment. 

The logical complement of the referendum is the initia¬ 
tive, by which a certain percentage of the voters are em¬ 
powered to propose measures which must sub- 
sequently, with or without the intervention of 
the legislature, be submitted to popular vote. For example, 
the constitution of Oregon provides that any legislative 
measure may be initiated by a petition bearing the signa¬ 
tures of eight per cent of the voters, and containing the 
proposed measure in full. The petition must be filed with 
the Secretary of State at least four months before election 
day; and if approved by a majority of all those voting upon 
it at the election, the measure becomes a law.^ Nineteen 
commonwealths have authorized the initiative and refer¬ 
endum in the case of State laws, and thirteen of these permit 
the voters to initiate constitutional amendments, as well as 
statutes. 

* The Oregon statute provides for the publication and distribution of arguments for and 
against the propositions thus submitted to the voters for decision. 


104 


GOVERNMENT AND POLITICS 


PROGRESS OF ELECTORAL REFORM 


STATE 

Initiative 

and 

Referendum 

Recall 

Direct 

Primary 

Presidential 

Preference 

Primary 

Alabama. 



P. R. 


Arizona. 

1911 

1911-12 

1909-12 


Arkansas. 

1910 


F. R. 


California. 

1911 

1911 

1909 

1911 

Colorado. 

1910 

1912 

1910 


Connecticut. 





Delaware. 





Florida. 



1913 


Georgia. 



P. R. 


Idaho. 

1912 

1912 

1909 


Illinois. 



1910 

1912 

Indiana. 



1915 

1915 

Iowa. 



1907 

1913 

Kansas. 


1914 

1908 


Kentucky. 



1912 


Louisiana. 


1914 

1912 


Maine. 

1900 


1911 


Maryland. 

lOlS** 


1910 

1912 

Massachusetts . .. 

1918 


1911 

1912 

Michigan. 

1913 

1913 

1909 

1912 

Minnesota. 



1912 

1913 

Mississippi. 

1914 


1912 


Missouri. 

1908 


1907 


Montana. 

1906 


1912 

1912 

Nebraska. 

1912 


1907 

1911 

Nevada . 

1901-12 

1912 

1909 


New Hampshire. . 



1909 

1913 

New Jersey. 



1911 

1911 

New Mexico. 

1911* 




New York. 



1913 

1913 

North Carolina... 




1915 

North Dakota.... 

1914 


1907 

1911 

Ohio. 

1912 


1908 

1913 

Oklahoma. 

1907 


1908 


Oregon. 

1902 

1908 

1904 

1910 

Pennsylvania. 



1913 

1913 

Rhode Island .... 





South Carolina.. . 



P. R. 


South Dakota.... 

1893 


1907 

1912 

Tennessee. 



1909 


Texas. 



P. 11. 


Utah. 

1903 




Vermont. 



1915 

1915 

Virginia. 



1912 


Washington. 

1912 

1912 

1907 


West Virginia .... 



1915 


Wisconsin. 



1903 

1911 

Wyoming. 



1911 


Total. 

22 

10 

42 

21 


* The referendum only. 

P.R. In these States the direct primary is conducted under the rules of the Demo¬ 
cratic party, but is not established by statute for all parties. 




































































THE STATE LEGISLATURE 


105 


GENERAL REFERENCES 

Ashley, R. L., The American Federal Stale (1903), ch. xviii. 

Beard, C. A., American Government and Politics (1910), ch. xxv. 

- Readings in American Government and Politics (1910), ch. xxv. 

Black, H. C., Constitutional Law (1897), ch. xiii. 

Bryce, James, The American Commonwealth (1907), i, chs, XL, xliv, xlv 
Cleveland, F. A., Growth of Democracy (1898), chs. viii-xv. 

Hart, A. B., Actual Government (1903), ch. vii. 

McClain, E., Constitutional Law (1905), chs. v, viii. 

Oberholtzer, E. P., The Referendum in America (1900). 

Ordronaux, J., Constitutional Legislation (1893), ch. x. 

Reinsch, P. S., American Legislatures and Legislative Methods (1907), 
chs. iv-x. 

Schouler, J., Constitutional Studies (1904), pp. 249-266. 


QUESTIONS AND EXERCISES 

1 . What is the oflScial name of your State legislature.^ Of each house.^ 
How many members in each house.^ Qualifications for members.^ 

2 . Give arguments for and against the requirement that a member must 
be a resident of the district which elects him. 

3. Is the division of your State into senatorial and representative districts 
an equitable one? 

4. For what term are members of your legislature chosen? What salary do 
they receive? Is the senate a continuous body? 

5. Does your district frequently return the same members to the legisla¬ 
ture, or is rotation in office customary? Who are the present members 
from your district? To which political party do they belong? 

6 . How often does your legislature meet? Is the length of the session 
limited by the constitution? 

7. Name the officers of each legislative house. Principal duties of each? 

8 . Discuss the position of the speaker of the lower house, and compare his 
influence upon legislation with that of the lieutenant-governor. 

9. How many committees in each branch of your legislature? Name the 
most important ones. 

10 . Discuss the advantages and defects of the committee system. 

11 . Describe the steps by which a bill is enacted into law in your State. 

12 . What constitutes a quorum in each house of your legislature? How 
many votes are necessary in each house to pass a bill the first time? 
Over the governor’s veto? 

13. Organize your class into a house of the State legislature, and draw up 
and pass a bill in due form. (If possible obtain the assistance of your 
local representative.) 

14. Make a list of the chief subjects with which your State legislature may 
deal. Compare this with the list of subjects over which a city council 
or town meeting has authority. 

15. What are the special powers of each branch of your State legislature? 

16. What is meant by the “lobby”? 

17. Give reasons for the growing popularity of the initiative and the refer¬ 
endum. (Kaye, P. L., Readings^ pp. 295-303.) Is either of these form? 
of direct legislation employed in your State or county ? 



CHAPTER X 


THE STATE EXECUTIVE 

131. Contrast between State and Federal Executives. 
The organization of the executive department of the State 
Federal government differs materially from that of the 
POWM wn- federal executive. In the national government, 
traiized executive power is vested in a single individual, 
the President of the United States. He alone is an elective 
oflScer, other executive officials being appointed by and 
responsible to him. 

But in the State governments, executive power is vested 
in a number of elective and appointive officers who, to- 
stateexocu- governor, share the executive 

uve powers power. The secretary of state, auditor, treasurer, 
and attorney-general are, like the governor, 
elected by the people; and they are as independent of him as 
is the legislature. In fact they are the governor’s colleagues, 
not his agents or subordinates. Nor is the executive power 
vested solely in the governor and other principal State 
officers; for the actual execution of the laws does not rest 
with them, but with local officers chosen by the towns, coun¬ 
ties, and municipalities. These local officials, including 
sheriffs and other county officers, town and city officials, 
are not ordinarily subject to State supervision, much less to 
immediate State control. They hold themselves account¬ 
able not to the State as a whole, but only to their part of 
the State. Hence State administration is decentralized; 
and the governor is not, like the President, directly and 
exclusively responsible for the execution of the laws. 

132. Election and Term of the Governor. The governor 


THE STATE EXECUTIVE 


107 


is everywhere elected by popular suffrage, the earlier 
method of choice by the legislature having been discarded. 
In most commonwealths the election for governor and 
other State oflScials is held on the Tuesday immediately 
following the first Monday in November. The term of 
oflBce is either two or four years in nearly all of the States.^ 
Popular governors are often reelected in commonwealths 
having the shorter terms, while elsewhere reelection is less 
frequent. The constitutions of seven States prohibit the 
governor from serving two successive terms. 

133 . Qualifications and Salary. The constitutional quali¬ 
fications for governor generally relate to age, residence, 
and citizenship. These qualifications vary widely, those 
most frequently prescribed being thirty years of age, five 
years of residence, and the same period of citizenship. 
The average salary of the governor is about $5000. 

134 . Administrative Powers and Duties. As his fore¬ 
most administrative duty, the governor is to take care that 
the laws are faithfully executed; but in the per- Duty to «n- 
formance of this comprehensive duty his power is 
fimited by the fact that the execution of the laws is largely 
entrusted to State and local oflBcials over whom he has 
slight control. “If he is of much force in the government 
of the State, it is because of his strong character. He is 
a passenger on board the ship, which is navigated by a crew 
which he does not select, and over which he has few powers 
of command.” ^ 

However, the governor has a general supervisory powe^* 
over the executive officers of the State; he may investigate, 
their conduct of business and require information g^peryisory 
upon subjects relating to the duties of their re- andappoint- 
spective offices. Furthermore, he has the power 
of appointing the less important State officers (confirma- 

> Twenty-two States fix the governor’s term at four years, twenty-five at two years. In 
New Jersey the term is three years. The governor usually takes office in January of the odd- 
numbered year following his election. 

2 Landon, J. S., The Constitutional History and Oovernment 0 / the United States, p. 63. 


108 


GOVERNMENT AND POLITICS 


tion by the Senate being frequently required); and in some 
commonwealths he has a limited power of removal. ^ When 
an elective State oflSce becomes vacant, the governor ap¬ 
points some one to serve until the next election. 

The governor is commander-in-chief of the State mili¬ 
tia,^ and may call them out to repel invasion, or to suppress 
Miutary riots, insurrection, or disorder. The military au- 
powers thority of the governor is invoked by the sheriff 
or the mayor when local resistance to the law becomes too 
powerful to be suppressed by the means at his disposal. 

135 . Political Duties. More important than the fore¬ 
going administrative powers are the governor’s political 
Legislative duties, especially those in connection with legisla- 
powers beginning of the session he trans¬ 

mits to the legislature a message calling attention to meas¬ 
ures which he deems necessary. If urgent matters demand 
immediate consideration, he may summon the legislature 
to meet in special session; and he may adjourn that body 
in case the two houses are unable to agree upon a time for 
adjournment. Finally, in all States except North Carolina, 
the governor has a qualified veto upon all legislative acts, 
and in thirty commonwealths he may veto particular 
items in appropriation bills. Thus the governor exercises 
a large influence upon legislation, since only in exceptional 
cases is a bill likely to pass over his veto.^ 

Almost universally the governor has the power to grant 
pardons and reprieves in case of offenses committed against 
Reprieves the State. A pardon discharges the individual 
and pardons from all or some of the consequences of his crime; 
while a reprieve suspends execution of the sentence for a 
specified time. In some commonwealths the governor may 

* Generally the exercise of this power is conditioned upon obtaining the consent of the 
senate or council, and upon the finding of cause (malfeasance in office or neglect of duty). 
In New York and a few other States, the governor is permitted to remove even local officers 
under certain conditions. In Colorado, Maryland, Illinois, Nebraska, and Pennsylvania, 
he may remove those officers whom he appoints. 

* Except when in the actual service of the United States. 

* Generally a two-thirds or three-fifths vote is required to [){uss a bill over the governor’s 
veto. In Connecticut, Vermont, New Jersey, and Indiana, a simple majority is sufficient. 


THE STATE EXECUTIVE 109 

exercise this power only in conjunction with a board of 
pardons. 

136. State Governors under the Federal Constitution. 
The duties of the governor of a State are regulated to some 
extent by the federal constitution. For example, powers 

a person charged with crime who escapes to an- 
other State must be delivered up to the executive author¬ 
ity of the State from which he fled upon the requisition of 
its governor.^ Again, the United States is bound to protect 
each State against domestic violence upon application from 
its legislature; or if the legislature cannot be convened, at 
the request of the governor.^ If vacancies occur in either 
branch of Congress, the governor of the State coneerned 
issues writs of election to fill the vacancy. If the State legis¬ 
lature so directs, he may make a temporary appointment 
to the United States Senate, until the people fill the vacancy 
by election.^ 

137. Other Principal Executive Officers. Other im¬ 
portant executive officers are the lieutenant-governor (in 
thirty-six States); the secretary of State, and the treasurer 
(in all States); the comptroller or auditor, the attorney- 
general, and the superintendent of public instruction (in 
nearly every State). Ordinarily these officers are chosen 
by the voters at the general State election; but in several 
commonwealths certain important executive officers are 
appointed by the governor or elected by the legislature. 
Their term varies from one to four years, frequently being 
the same as that of the governor. 

The principal executive officers are not under the direc¬ 
tion or control of the governor or the legislature. Their 
duties are prescribed in the State constitution. Relation to 
and for their official acts they are responsible only anriSs- 
to the people and the courts. They do not consti- 
tute a cabinet responsible to the chief executive as in the 

1 United States Constitution, Art. iv. Sec. i. 

• Ibid., Art. IV, Sec. 4. 

* Ibid., Ameadment XVII. 


110 


GOVERNMENT AND POLITICS 


Nature 
of oflice 


“ Ohlol 
clerk ” of 
tke State 


presidential system of the national government, or a ministry 
responsible to the legislature as in the parliamentary sys¬ 
tem of European governments.^ 

138 . The Lieutenant-Governor. The lieutenant-governor 
is generally president of the State senate, with 
a casting vote in case of a tie. He succeeds the 

governor in case of the latter’s death, resignation, removal, 
or disability. 

139 . The Secretary of State. The secretary of State 
has charge of all State records, and of the seal of the com¬ 
monwealth by which State documents are authen¬ 
ticated. He publishes the laws of the State; regis¬ 
ters the oflBcial acts of the governor; certifies the 

incorporation of all companies; draws up commissions to 
public oflScers; takes charge of the returns of elections; 
and collects and publishes statistics. 

140 . State Auditor or Comptroller. The State auditor 
or comptroller is the public accountant chaiged with super- 
Supervision vision of the State’s financial business. He 
of state examines and passes upon all claims presented 

against the commonwealth; and no money can be 
paid out of the treasury except upon a warrant issued by 
him. He prepares for the legislature estimates of revenues 
and expenditures; audits the accounts of all oflBcers charged 
with the collection of revenue; sees to it that such officers 
are under sufficient bond; and enforces payment of moneys 
withheld or uncollected. He keeps a record of all moneys 
paid into the treasury, and of all appropriations and war¬ 
rants; and since his books must tally with those kept by 
tlie treasurer, his office serves as a check upon the latter. 

141 . The State Treasmer. The treasurer receives all 
Custodian of State funds, for which he issues receipts, and dis- 
stato funds busses them only upon warrants signed by the 
auditor. At stated intervals he is required to publish state- 

* Usually, the chief executive officers can be removed only by impeachment. States hav¬ 
ing the recall for all elective State officers, or for all except judges, are: Arizona, California, 
Colorado, Idaho, Kansas, Louisiana. Michigan, Nevada. Oregon, and Washington. 


THE STATE EXECUTIVE 


in 


ments of balances, and his books, like those of the auditor, 
are at all times open to inspection. Both treasurer and au¬ 
ditor are often ex officio members of various financial boards, 

142. The Attorney-General. The attorney-general is the 

legal adviser of the governor and other officers, and he also 
represents the commonwealth in all civil and state’s 
criminal cases to which the State is a party. Es- 
pecially is it the duty of this officer, aided by the district 
prosecuting attorneys or solicitors, to watch over and pro¬ 
tect the constitution of the State from encroachment by 
the government or violation by individuals. The numer¬ 
ous cases in the courts entitled State ex rel. v. -, or 

People V. -, are the mediums through which the attorney- 

general and prosecuting attorneys attack offenders against 
the constitution and the laws. These proceedings generally 
take the form of prosecution by indictment for criminal 
offenses; or mandamus to compel the performance of official 
or other public duties; or quo warranto to try the right to 
exercise a public office or franchise; or information or hill 
in equity to vindicate the rights of the State or of the 
general public.^ 

143. State Superintendent or Commissioner of Schools. 
The superintendent of public instruction, some- supervision 
times known as the commissioner of public schools, 
exercises a general supervision over the public school system. 
In the commonwealths having State boards of education, 
he is generally an ex officio member of that board. 

144. Appointive Officers of State Administration. In 
addition to these elective officers, a large number of ap¬ 
pointive officials are charged with special administrative 
duties. Most of these are appointed by the governor 
(generally with the consent of the senate) for terms vary¬ 
ing from one to four years; and they are ordinarily subject 
to removal by the appointing power. Among the most im- 

* In this way the great Pullman Company whs checked in its growth as a municipal 
corporation and compelled to sell the town of PuLlmau. — People v. Pullman Car Co.| 17fi 
111. liS. 


112 


GOVERNMENT AND POLITICS 


Composition 


portant of these officials, some of whom at least are found 
in every commonwealth, may be named: adjutant-general; 
State surveyor; geologist; fire marshal; librarian; factory 
inspector; engineer; tax commissioner; superintendent of 
public printing; commissioner of banking; insurance com¬ 
missioner; superintendent of weights and measures; com¬ 
missioner of immigration; commissioner of agriculture; 
commissioner of mines and forests; food and dairy commis¬ 
sioner; superintendent of public works; superintendent of 
prisons. 

145 . State Boards or Commissions. In addition to these 
individual officers, a large share of administrative business is 
entrusted to State boards or commissions. ^ These 
are generally appointed by the governor with the 
consent of the senate, for terms varying from four to eight 
years. Members are sometimes paid, especially when they 
give a large part of their time to the service; frequently 
they serve without pay, and elect an executive officer who 
receives a salary, and upon whom the greater part of the 
work devolves. The legislature often endows these boards 
with large powers, in the exercise of which they are prac¬ 
tically free from executive control. 

However, the present tendency is toward the consoli¬ 
dation of these boards, so as to secure more unity in State 
Tendency administration. For example, in 1917 Kansas 
created a State Board of Administration to con¬ 
trol all the educational, benevolent, and penal 
institutions in that State. Ohio, North Carolina, and Kan¬ 
sas have recently established State accounting agencies to 
supervise the records and accounts of the various State 
officers and institutions. A still more important act of con¬ 
solidation is the Illinois Administrative Code of 1917. This 
measure abolishes some fifty separate administrative agen¬ 
cies, and consolidates them into nine main departments. 


toward 

oonsoll 

datlon 


> For example, boards of agriculture, health boards, railway commissions, boards 
education, examining boards in the professions of law, medicine, etc. 


THE STATE EXECUTIVE 


113 


namely: finance, agriculture, labor, mines and minerals, 
public works and buildings, public health, trade and com¬ 
merce, registration and education, and public welfare. 
Each department is in charge of a director appointed by the 
governor with the consent of the Senate. This reform tends 
to centralize State administration, making the authority 
and responsibility of the governor more like that of the 
President. 

146 . Civil Service Reform. Early in the nineteenth cen¬ 
tury the “ spoils system ’’ was extensively applied in filling 
State as well as federal offices, these positions ThespoUs 
being made the reward for successful electioneer- 
ing and wire-pulling. Throughout the greater part of the 
Union the same system is still employed in filling appointive 
State offices, and frequently the main issue in political cam¬ 
paigns is the question which party shall control the patron¬ 
age. Standards of service have been adopted which would 
not be tolerated in any successful private business. Tenure 
of office is often dependent not upon faithful devotion to 
public duty, but upon compliance with private instructions 
from the “ regular organization.” 

To remedy the evils of the spoils system, nine States ^ 
have adopted systems of civil service reform similar to that 
employed by the federal government. The object The merit 
of this merit system is threefold; first, to exclude 
ignorant and incompetent persons who have nothing to 
recommend them save political infiuence; second, to assure 
intelligent and competent persons an equal opportimity to 
secure public employment; and third, to make tenure of 
office secure for competent officials. To attain this end, the 
nine commonwealths named have established a system 
of competitive examinations, practical in character; politi¬ 
cal and religious interrogatives have been prohibited; assess¬ 
ments upon office-holders are forbidden; and tenure and 

> New York, Massachusetts, Wisconsin, Colorado, New Jersey, California, Ohio, Con¬ 
necticut, and Illinois. 


114 


GOVERNMENT AND POLITICS 


promotion are made to depend upon ascertained merit 
rather than upon political influence. 


GENERAL REFERENCES 

Ashley, R. L., The American Federal State (1903), pp. 356-359. 

Beard, C. A., American Government and Politics (1910), ch. xxiv. 

-—• Readings in American Governm.ent and Politics (1910), ch. xxiv. 

Bryce, James, The American Commonwealth (1907), i, ch. xli. 

Finley, J. H., and Sanderson, J. F., The American Executive and Executive 
Methods (1908), pp. 1-184. 

Fiske, John, Civil Government (1904), pp. 175-179. 

Goodnow, F. J., Comparative Administrative Law (1893), i, 74-82. 

Hart, A. B., Actual Government (1903), ch. vni. 

McClain, E., Constitutional Law (1905), pp. 197-212. 

Schouler, James, Constitutional Studies (1904), pp. 267-282. 

Wilson, W., The State (1906), secs. 1174-1208. 

Young, James T., The New American Government and Its Work (1915), 
pp. 314-324. 


QUESTIONS AND EXERCISES 

1 . Give the term, qualifications, and salary of the governor of your State. 

2 . Is the governor of your State reeligible for a succeeding term.? 

3 . Are candidates for governor in your State nominated at primaries or by 
conventions? When does the State election occur? 

4 . Who were the candidates for governor at the last election? 

5 . What ofiicers may your governor appoint? Is the consent of the Senate 
necessary? 

6 . What powers of supervision may your governor exercise over State 
officials? Has he power to remove any officials? 

7 . What vacancies in judicial, county, or State offices may be filled by the 
governor in your State? 

8 . Examine the provisions of your State constitution concerning the gov¬ 
ernor’s legislative powers. 

9. How may the governor’s veto be overcome in your State? 

10 . May your governor veto items in an appropriation bill? 

11 . What power has he over pardons and reprieves? 

12 . Has the governor of your State had occasion to call out the militia 
within recent years? If so, under what circumstances? 

13. In general, would you say that the governor of your State exercises 
large or small powers over legislation and administration? 

1 Who would succeed the governor in the event of a vacancy in this office? 

15. In most commonwealths the seven principal executive oflScers are the 
governor, lieutenant-governor, secretary of State, treasurer, auditor 
or comptroller, attorney-general, and superintendent of education. 
Prepare an outline giving the following facts concerning each of these 
officers in your State: how chosen, term, qualifications, salary, duties 
and powers, how removed. 

16. Prepare a list of the most important boards and commissions of your 
State. State concerning each, how chosen, term, and functions. 

17. State the advantages and defects of State boards or commissions. 



CHAPTER XI 


THE STATE JUDICIARY 


147. Development of Colonial Courts. In the early colonial 
|>eriod, the legislative assemblies of the various colonies exercised 
many judicial powers, acting as the early English parliaments, both 
as legislatures and as courts. During the century immediately 
preceding the Revolution, the assemblies were deprived of their 
judicial powers, and the colonial courts correspondingly strength¬ 
ened. Gradually a judicial system was evolved, patterned largely 
after that of Great Britain, and consisting of several courts 
arranged in a progressive series. 

From the highest colonial courts, cases of importance could be 
appealed to the English Privy Council; and this appeal was of 
especial importance in regard to colonial legislation Appeal to 
deemed inconsistent with the laws of England. The the Privy 
Privy Council from time to time set aside colonial stat- 
utes and reversed the judgments of colonial courts.^ This was the 
germ of the power of our supreme courts to decide upon the con¬ 
stitutionality of legislation. 

148. The Common Law. The larger part of the law adminis¬ 
tered by colonial tribunals was the common law of England, 
modified by the legislative assemblies and by the courts 
themselves so as to conform to conditions in the new ^oSSlaw 
world. The English common law (known also as cus¬ 
tomary or unwritten law) “ is that rule of civil conduct which 
originated in the common wisdom and experience of society, in 
time became an established custom, and has finally received 
judicial sanction and aflBrmance in the decision of the courts of 
last resort.” ^ This law has been interpreted and largely developed 
by the courts, and is evidenced chiefly in their decisions of cases 
tried before them. 

From the first the American colonists claimed the common 
law as their birthright, so far as it was applicable to their condi- 


» The Judicial Committee of the Privy Council to-day exercises similar powers with re- 
ference to the British colonics. 

» Robinson, W. C., Elementary Law, p. *. 


116 


GOVERNMENT AND POLITICS 


tion;' and upon the original foundation of the English common 
law the whole system of American jurisprudence has been built. 

Except as modified by constitutional or statutory 
^monlaw enactments, the English common law, now become the 
American common law through adaptation to our 
circumstances, state of society, and form of government, is to¬ 
day in force in the several States; and it constitutes by far the 
greater portion of that body of law by which rights are adjudged 
and wrongs redressed. 

149 . Equity. Equity is synonymous with justice, and origin¬ 
ated in the deficiencies of the ancient common law. From the time 
Origin Norman-French conquest of England (1066), 

the king was held in legal theory to be the fountain of 
justice; and he was often petitioned to interpose between private 
individuals in cases where the regular law courts could grant no 
remedy, or no adequate remedy. These petitions the king referred 
to his Privy Council, and ultimately they were addressed directly 
to one member of that body called the chancellor. Thus if the 
legal title to land had been conveyed to one individual for the 
use of another, and the holder of the title refused to recognize 
the beneficial interest of the other, the chancellor could bring 
him to account, although the law would give no remedy. Soon 
whenever a man had justice on his side, but not law, it was deemed 
a case for the chancellor, and his jurisdiction expanded accordingly. 

At common law one could recover money only, or specific real 
Biulty relief personal property; but the chancellor could grant 

such relief as seemed equitable — hence called relief in 
equity. Finally, a distinct set of chancery or equity courts came 
into existence, with special procedure ^ and remedies. 

The chancery system thus created was introduced in America 
along with the common law; and at first, as originally in England, 
Fusion of was administered by separate courts. At the present 
law and time in most American commonwealths, equity is 
administered by the same judges who preside over the 
regular law courts.® Legal and equitable causes of action may gen¬ 
erally be joined, and legal and equitable relief given in one suit. 


‘ One great excellence of the common law is the protection which it affords to individual 
rights. Hence when difficulties arose between the colonies and the mother country, the col¬ 
onists appealed to the principles of the common law, and claimed that the king and parlia¬ 
ment were seeking to deprive them of privileges which were their birthright as Englishmen. 

» Courts of equity differed from the law courts in the mode of proof and of trial. In courts 
of equity, testimony was written instead of oral, and the judges decided questions of fact as 
well as of law, thus eliminating the jury. 

* Separate equity or chancery courts exist in New Jersey, Delaware, Tennessee, Alabama, 
and Mississippi. 



SPOKANE COUNTY COURTHOUSE, SPOKANE, WASHINGTON 



{By courtesy of Hugh C. Leighton Co., Portland, Me.) 


CUMBERLAND COUNTY COURTHOUSE, PORTLAND, MAINE 

























W : 




THE STATE JUDICIARY 


117 


150. Our System of Law. We have seen that the first 
great source of our body of law is the English common law: 
the second important source consists of the stat- state 
utes enacted by the State legislatures. Most legis- 
lative measures belong to the branch of administrative law, 
relating to the structure and functions of government; but 
many statutes are passed affecting private law. Such are 
the laws relating to wills and the succession of property, 
marriage and divorce, corporations, partnerships, and 
crimes. Civil and criminal procedure is commonly regu¬ 
lated by statute, and a few commonwealths have gone even 
further, and attempted to codify the entire body of com¬ 
mon law.^ 

The State constitution is still another source of the law 
enforceable in the State courts. Next come the Oonstitu- 
federal statutes and treaties; and finally, the 
source of supreme and controlling authority is statutes 
the federal constitution, with which all other laws must 
accord. 


Federal 

CONSTITLrriON 

Federal 

Statutes and Treaties 
State: Constitutions 


State: Statutes 


Common Law and Eouity 


OUR SYSTEM OF LAW 

151. System of State Courts. The judicial power of 
each State is to-day vested in a system of courts generally 

1 Including Louiaians, California, North Dakota, and South Dakota. 















118 


GOVERNMENT AND POLITICS 


comprising three grades: first, inferior courts, or those of 
lowest grade; second, courts of general original jurisdic¬ 
tion; ' and third, courts of last resort. 

152. Inferior Courts. Inferior courts include those of 

justices of the peace, and police or other city courts. 
Justices’ Justices of the peace have original jurisdiction 
courts jninor civil cases; for example, where the 

amount involved does not exceed a certain small sum (gen¬ 
erally $100), and where the title to real estate is not drawn 
into controversy. In some commonwealths, justices of the 
peace try petty offenses, such as breaches of the peace; 
while in the more serious criminal cases they may cause 
the arrest of persons charged with crime, and if there is 
prima facie evidence of guilt, bind over the accused to await 
the action of the grand jury.^ 

In large cities the civil and criminal jurisdiction of justices 
of the peace is ordinarily divided between two sets of 
city and courts: the municipal or city courts, which ex- 
poiioecourts gr^ise a minor civil jurisdiction; and police or 
magistrates’ courts, which try petty criminal offenses, and 
make a preliminary investigation in case of felonies or 
serious misdemeanors. 

153. Courts of General Original Jurisdiction. The 

second grade of State courts embraces those of general 
original jurisdiction,^ civil and criminal, over all suits, ac¬ 
tions, and judicial proceedings (so far as this jurisdiction 
is not restricted by law). These are the ordinary courts 
for the trial of civil and criminal actions, and in them most 
of the judicial activity of the State is centered. In some 
commonwealths, courts of this class have appellate juris¬ 
diction from the inferior justices’ or munieipal courts. 


* Original jurisdiction is the power to hear or decide a legal controversy, or to administer 
a remedy, in the first instance. Appellate jurisdiction is the power to review the decision 
of some other court. 

* If the grand jury finds that there is not sufficient evidence against the accused to war¬ 
rant holding him for trial, he is discharged; if the contrary is the case, he is formally charged 
with the crime in an indictment, whereupon he must stand trial. 

* In different States this tribunal is known by different names, as the circuit court# district 
eourt, superior court, court of common pleas, etc. 


THE STATE JUDICIARY 


119 


154. Courts of Last Resort. The third and highest class 
of State tribunals is the supreme court, known also as the 
court of appeals, or court of errors and appeals. 

The supreme court ^ is the court of last resort in tion and 
which the supreme judicial authority of the State 
is vested. This court usually sits at the State capitol. The 
number of judges ranges from three to nine, whereas a court 
of the first or second grade is ordinarily presided over by a 
single justice or judge. As a rule the principal business of 
the supreme court is to review the decisions of courts of the 
first and second grade in cases carried up on appeal or writ 
of error, and to determine whether the judgment of the 
lower court is to be sustained or reversed. ^ Its decisions 
are final and binding upon all persons within the State; 
but in exceptional classes of cases (where a federal law, 
treaty, or the federal constitution is involved), its decisions 
may be review^ed by the Supreme Court of the United 
States. 

155* Special State Courts. In order to lighten the work 
of the court of last resort, several commonwealths, includ¬ 
ing Ohio, Texas, Georgia, Louisiana, and Mis- 
souri, have established between the courts of the diate courts 
second grade and the supreme court an inter¬ 
mediate court of appeals. This tribunal has appellate juris¬ 
diction only, and its decisions are final in all except certain 
classes of cases, which may be carried up to the supreme 
court. 

Most of the States have provided special courts (gener¬ 
ally one for each county), variously called probate courts, 
surrogates’ courts, orphans’ courts, or courts in or 

ordinary. These tribunals are vested with juris- surrogates’ 
diction over the probate of wills, appointment of 


> In several States, including New York and New Jersey, the so-called supreme court 
is not supreme in fact, since above the supreme court is a court of appeals to which certain 
cases may be taken. The latter is therefore the actual supreme court, 

* This court also has power to issue prerogative writs and to grant extraordinary remedi^, 
such as writs of habeas corpus, mandamus, quo warranto, injunction, certiorari, and writ* 
of error. 


120 


GOVERNMENT AND POLITICS 


administrators and guardians, care of the estates of wards,* 
and settlement of the estates of decedents. 

156. Choice of State Judges. Under the first State con¬ 
stitutions, the selection of judges was generally entrusted 
Early either to the legislature or to the governor; but 
judicUry during the first half of the nineteenth century 

the choice of judges by popular vote became es¬ 
tablished as the general practice.^ Supreme court justices 
stat# are now generally elected by the voters of the 

iecomw? commonwealth at large; ^ while circuit, district, 
eieouve county judges are chosen by the voters of 

the area included within the jurisdiction of the court. 

157. Tenure of State Judges. Judges of the supreme 
court have practically a life tenure in only three States, 
Massachusetts, New Hampshire, and Rhode Island; while 
elsewhere they are chosen for a fixed term of years, varying 
from two in Vermont to twenty-one in Pennsylvania.^ The 
average constitutional term is about eight years, but re- 
election is frequent, so that the period of actual service 
is longer. The term of judges of the lower courts generally 
varies with the grade of the court, being especially short 
in case of justices of the peace. Like other commonwealth 
officers, judges may be removed through the process of 
impeachment. 

158. Salary and Qualifications. Twenty-six States pay 
the judges of their highest courts more than $ 5000 , the aver¬ 
age salary being about $ 7000 .^ Salaries of judges of lower 
courts are considerably less than those of supreme court 

* Including minors who are orphans, the insane, and others deemed ty the law incom¬ 
petent to manage their own estates. 

2 Judges are now elected by popular vote in thirty-seven States; by the legislature in four 
(Rhode Island, Vermont, South Carolina, and Virginia); appointed by the governor in six 
(Massachusetts, Maine, New Hampshire, Connecticut, Delaware, and New Jersey); while in 
Florida judges of the supreme court are elected by the people, and circuit court judges nomi¬ 
nated by the governor. 

* Sudden changes in the composition of the supreme court are prevented by providing 
that the term of only a few judges shall expire at the same time. 

* Eighteen commonwealths have a term of six years, ten of eight years; five States, in¬ 
cluding California, Delaware, Louisiana, Virginia, and West Virginia, have a twelve-year 
term; while in New York the term is fourteen years, and in Maryland fifteen. 

» The chief justice generally receives five hundred dollars more than the associate justices. 


THE STATE JUDICIARY 


121 

justices. The constitutions of most States provide that 
the salaries of judges may not be increased or diminished 
during their term of office. 

The qualifications required for judges include a mini* 
mum age of twenty-five to thirty-five years, citizenship for 
a varying period of years, and residence within the State 
or judicial district. Comparatively few constitutions require 
judges to be members of the legal profession, although 
this qualification is prescribed by custom except for justices 
of the peace. 

159. Subordinate Officers of Courts. The subordinate 
officers of State courts are the recording officer or clerk, the 
executive officer (sheriff or constable), and the 
attorneys. The clerk or prothonotary keeps the 

record of all judicial proceedings, has charge of the seal of 
the court, and issues all writs. This officer is generally 
appointed by the court or elected by popular vote. 

The executive officer of inferior courts is the constable, 
and of the higher State courts, the sheriff. These officers 
are elected by the voters of the township or oonstabi# 
county, respectively, and are charged with the 
execution of all orders, judgments, and decrees of their re¬ 
spective courts. 

Litigation is ordinarily conducted by men educated in 
the profession of law, known as attorneys. Before 
being admitted to practice, these officers must 
pass a satisfactory bar examination conducted under the 
authority of the supreme court. The government’s cases are 
conducted by the attorney-general (representing the com¬ 
monwealth as a whole), and by prosecuting attorneys or 
solicitors in each county. 

160. The Protection of Rights. The jurisdiction of State 
courts extends to all classes of cases, civil and private 
criminal,^ except as limited by provisions of the 

State or federal constitution. The chief purpose for which 

1 For the criminal jurudiction of State courts see chapter xzn. 


122 


GOVERNMENT AND POLITICS 


State governments exist is the protection of individual 
rights, including personal rights (of life, reputation, per¬ 
sonal liberty, and bodily security); rights of property, or 
the free use and enjoyment of those things justly acquired; 
and contract rights, or the enforcement of legal agreements 
which one person has with another. 

To deprive any person of a right which the law grants 
him is a legal wrong, rendering the offender liable to pro- 
Redress secution in court — “the place where justice is 
oi wrongs legally administered.” Thus the person who suf¬ 
fers a legal wrong has the whole force of government at his 
disposal to secure redress, for the judgment of the court 
will be enforced by the executive authority of the State. 

Legal wrongs are of two classes, public and private. 
If a wrong is committed primarily against a private per- 
Privato son, it is known as a private wrong or tort; but if 
wrongs reaches beyond the individual and affects the 

community at large, it is a public wrong or crime, and will 
be redressed by government in a criminal proceeding. To 
constitute a private wrong, an action must be wrongful in 
itself, that is, not authorized by law; and it must result 
in actual or legal damage. The person whose rights have 
been invaded by a wrongful and injurious act may bring 
a civil action or suit before the proper court, requesting 
compensation for his injury. 

i6i. Procedure in Civil Cases. The parties to a civil 
action are the plaintiff and the defendant. The plaintiff 
„ is the party who claims to have sustained the 

injury and who brings the action; and the de¬ 
fendant is the one against whom the action is brought. 

The first step is the filing of the plaintiff’s statement of 
the grounds of his suit, this being known as his declaration. 
Pleadings complaint, or petition. The plaintiff must apply 
and Issue clerk of the court for a writ summoning the 

defendant to appear in court and meet the charges made 
against him. This summons is served on the defendant by 


THE STATE JUDICIARY 


123 


the sheriff or constable.^ The clerk also issues a summons 
or subpoena to all witnesses whose testimony is desired by 
either party. The defendant then files his reply or answer, 
setting up any defense which he may have to the allega¬ 
tions made against him. The plaintiff may reply to this, 
and the defendant may then answer in turn until an issue 
is reached, that is, “ some specific point of law or fact af¬ 
firmed on one side and denied on the other.” 

As a rule either party in a civil case may demand a trial 
by jury,^ which generally consists of twelve citi- selection of 
zens. The method of selecting a jury is carefully 
regulated by law, and by “challenges” either party may 
secure the rejection of objectionable persons. 

After the selection of the jury, the plaintiff’s counsel 

states the nature of the case as set forth in the declaration, 

and outlines the main facts which he expects „ 

1 • -rvj • ^ Evidence 

to prove. The plaintiff s witnesses are next ex- and 

amined orally, the defendant being given an 
opportunity to cross-examine each witness after his direct 
testimony has been given. When the plaintiff’s case has 
been presented, his attorney announces that he “ rests.” 
The defendant’s attorney then outlines what he proposes to 
prove and introduces his evidence, at the close of which the 
plaintiff has an opportunity to introduce rebutting testi¬ 
mony. Only that evidence is admissible which, in the opinion 
of the judge, is material and relevant to the case. When the 
testimony is closed, the cause is argued to the court and jury 
by the counsel for each side, the plaintiff’s counsel opening 
and closing. 

Throughout the trial the judge decides what evidence 
may properly be presented to the jury, and after 
the closing argument, it is his duty to instruct judge and 
them on the points of law involved in the case. 

Either party may move for particular instructions, thegrant- 


* At the time required in the summons the defendant must plead, or judgment by default 
may be taken against him. 

- In equity cases there is ordtuarlly no jury, and any civil case may be tried without a 
jury if both parties consent. 


124 


GOVERNMENT AND POLITICS 


ing or refusing of which by the court, if erroneous, may be 
taken advantage of by a bill of exceptions. After receiving 
their instructions, the jury retire for deliberation imder 
charge of an officer of the court. Ordinarily their verdict 
must be unanimous; and if agreement is found impossible, 
they may be discharged by the judge, the cause then re¬ 
maining for trial as if none had taken place. If they are able 
to agree, a verdict is rendered for the plaintiff or defendant; 
and after the verdict has been accepted by the court, 
judgment is rendered accordingly. If no appeal is taken 
from this judgment, it is enforced, if against the defendant, 
by a process called execution, which is an order of the court 
directing the sheriff (or constable) to see that the judgment 
is satisfied. Legal judgments are generally directed against 
the defendant’s property, which will be seized and sold unless 
the plaintiff be paid the damages or compensation in money 
awarded to him. Judgments in equity are ordinarily directed 
against the person of the defendant, directing him to do or 
refrain from doing some particular thing. 

The decision of the court is not always accepted as final. 
Appeal or Under certain conditions the judge who tried the 
writ of error grant a new trial; or the dissatisfied party 

may carry the case up to the next higher court, either by 
appeal or writ of error. 

162. Adjudging Legislative Acts Unconstitutional. In 
addition to the functions ordinarily performed by courts 
Unique in all countries, American tribunals stand prac- 
Americ^ tically alone in the possession of a power which has 
Judiciary greatly enhanced their dignity and importance. 
The American judiciary is the final and authoritative in¬ 
terpreter of the constitution. In every commonwealth the 
written constitution is the supreme and fundamental law 
to which all legislative acts must conform. The statute is 
the expressed will of the legislature; but the constitution 
is the expressed will of the people, and is therefore of higher 
legal authority. In their State constitution the people have 


THE STATE JUDICIARY 


125 


limited and defined certain governmental agencies, includ¬ 
ing the legislative, executive, and judicial departments, 
and have formally announced certain fundamental prin¬ 
ciples. Hence if the acts of any of these agents are in con¬ 
flict with the will of the people as expressed in the consti¬ 
tution, such acts are null and void and may be so declared by 
the courts. 

163. Principles of Constitutional Interpretation. In de¬ 
termining whether a legislative act is constitutional, courts 
are guided by certain fundamental principles of ooncrete 
constitutional interpretation. One of the most 

. 1 • 1 1 6 SB®ntlal 

important of these is, that the act must come 
before the court in the form of a concrete case — that is, 
there must be actual litigation between two or more par¬ 
ties in which the question of constitutionality arises. 

Moreover, the question of constitutionality must be clearly 
presented to the court, and a decision upon the point must 
be necessary to determine the issue. The pre- statuteB 

sumption is in favor of the validity of the act, 

. . .... .1111 to b® valid 

and its unconstitutionahty must be clearly shown 

before the court will set it aside. The motives of the legis¬ 
lature cannot be inquired into, nor can it be shown that the 
act was procured by fraud or bribery. 

An act adjudged unconstitutional is null and void — it 
is, in legal contemplation, as inoperative as though it had 
never been passed. The decision of the court in 
the case is binding only upon the parties to the unconsutu- 
suit; but it establishes a precedent which will be 
followed if the same question is again presented to the court, 
and hence it furnishes a notice to all parties that the statute 
is to be treated as void and of no effect. 

164. Judicial Control of Executive Officials. A second im¬ 
portant characteristic of the American judiciary 

^ . . 1 1 • 1 •• • oiflclalB 

is the indirect control which it exercises over ex- amenable 

ecutive officials through its power to pass upon 

the legality of executive acts. Thus if a governor should 


126 


GOVERNMENT AND POLITICS 


illegally remove an official 
from office, the latter may 
bring an action against the 
governor in the proper 
court; and if it be shown 
that the officer was unlaw¬ 
fully removed, the court 
will reinstate him. Simi¬ 
larly, any citizen who is 
wronged by an executive 
act may bring suit against 
the offending officer in the 
ordinary courts, as he would 
against a private citizen. 

American courts use free¬ 
ly their power to issue writs 
Writs oi of mandamus in 
“ndfnjunt order to compel 
^0“ executive officers 

to do acts which it is their 
plain duty to perform, pro¬ 
viding the act is one min¬ 
isterial in its nature and not 
involving the exercise of of¬ 
ficial discretion. They also 
issue writs of injunction to 
prevent officials or private 
individuals from perform¬ 
ing illegal acts. 

165. Relation of State to 
Federal Courts. State and 

Ooncurrent federal courts 
jurisdicUon entirely in¬ 
dependent in the exercise 
of their respective powers. 
Their jurisdiction, gener¬ 
ally distinct, in some cases 


IN THE COURT OF COMMON PLEAS OF WEST* 
MORELAND COUNTY, FENN’A, 

BITTING IN EQUITY 

No. 746 Equity, 

JamiBon Coal A Coke Company, a Corporation of 
the State of Pennsylvania, Piaintiff, 

vs. 

United Mine Workers of America, an Association 
Incorporated or Unincorporated, Marshall Mar- 
raclnl, et al.. Defendants. 

DECREE 


And now, June let, 1910, this case came on for 
hearing on motion to continue the preliminary in¬ 
junction granted May 26th, 1910, until final hearing, 
and after the taking and hearing of all testimony 
presented, it is adjudged and decreed as follows 
That the United Mine Workers of America, an 
'Association, incorporated or unincorporated, Mar¬ 
shall Marracini, Charles Shaw, Joseph Littlewood 
and George Thompson, organizers, officials or mem¬ 
bers of said association, Christopher Columbus, 
John Morgan, John Marks, James Dinsmore, John 
Luteransic, William Green, Joe Filician, Elmer 
Harris, James Walker, William Hays, George Cush¬ 
ing, Joe Leich, Joe Vedidick, Nick Yardish, Stanley 
Begos, Frank Begos, Charles Kickler, John Fran- 
chic, Frank Checkers, Patrick Duffy, Patrick Gal¬ 
vin, Philip Duffy, H. Brown, Patrick Cairns, Tony 
Palo, Adam Shurkosky, Frank Bakat, Anton Ber- 
nitoski, George Conquash, Andy Conquash, Andy 
Surin, Joe Kurtz, John Lance, Link Lance, Archie 
McKeever, John Heasley, William Logan, Harry 
Heasley, George Ray, Sr.,Lew Hawn, Jacob Heasley 
and James Cole, defendants, and all other persons 
who may at any time hereafter assemble with them 
or aid or assist them in the acts complained of in the 
bill in this case, be enjoined and restrained from 
conducting or engaging in marches to and past the 
mines, property and works of the Jamison Coal & 
Coke Company, and from assembling at or near the 
works of said company for the unlawful purpose 
complained of in this bill and indicated by the tes- 
tinmny in this case ; and it is further decreed that 
as a mode for the accomplishment of such unlawful 
purpose of intimidation, they be enjoined and re¬ 
strained from establishing and maintaining camps 
upon the immediately adjacent lands of Ruffner's 
heirs or elsewhere in such close and immediate 
proximity of the plants and property of the com¬ 
plainant whereon to collect large bodies of men 
brought from other localities with a view and for 
the purpose of thereby intimidating complainant’s 
employees who desire to work by any such display 
of hostile force, or by means of noise, threats of 
personal violence, opprobrious epithets addressed 
to said employees or any of them from that point, 
or by any other hostile and unlawful means what¬ 
soever to operate on the fears of said employees, or 
to thereby interfere with complainants in the op¬ 
eration of their works. This decree to remain in 
force until final hearing and until the further order 
of the Covjrt. Such of the defendants named in the 
bill as are not specifically named in this decree have 
not been shown by proof to have participated in the 
unlawful acts complained of in the bill, and there¬ 
fore, the injunction as to them is discharged 
Attest: BY THE COURT 

HARRY N. YONT, 

Prothonotary 

A PENNSYLVANIA INJUNCTION 







THE STATE JUDICIARY 


127 


overlaps. Many civil cases may be brought at the option 
of the plaintiff either in a State or federal court; or, when 
brought by the plaintiff in the State court, may be removed 
to the federal court by the defendant. 

In any case tried in a State court, if the federal consti¬ 
tution, or a federal law or treaty is involved, and the de¬ 
cision is against the party claiming a right, title. Appeal to 
privilege, or immunity under federal law, the states Su- 
case may be appealed for final decision to the pr®me Court 
Supreme Court of the United States. If the State court 
upholds the federal law, its decision is final. 

166. Interstate Judicial Relations. The courts of the 
different States are entirely independent of each other, 
subject to the limitation contained in the federal Effect of 
constitution that “ full faith and credit shall be 
given in each State to the public acts, records, 
and judicial proceedings of every other State.” ^ Decisions 
of a State court constitute precedents of binding obliga¬ 
tion only within the boundaries of the particular common¬ 
wealth. The decisions of courts of other commonwealths 
are constantly quoted in legal proceedings, but have no 
authority beyond the intrinsic value of their reasoning and 
conclusions. 

No State court can summon before it witnesses who live 
in another State, since the legal process of the court is not 
effective beyond the boundaries of the common- Depositions 
wealth. In order to avoid this difficulty, all States 
permit testimony for use in civil cases to be taken outside 
their limits by deposition. 


1 United Slates Constitution, Art. iv, Sec. 1. 


128 


GOVERNMENT AND POLITICS 


GENERAL REFERENCES 

Baldwin, Simeon l£i.,The American Judiciary (1905), chs. vii-viii, x—xi, xiv, 

XXII. 

- Modern Political Institutions (1898), ch. vii. 

Beard, C. A., American Government and Politics (1910), ch. xxvi. 

—--- Readings in American Government and Politics (1910), ch. xxvi. 

Black, H. C., Constitutional Law (1897), ch. xii. 

Bryce, James, The American Commonwealth (1907), i, ch. xlvii; ii, chs. ci, 

CII. 

Cooley, Thos. M., Constitutional Limitations (1903), ch. vii. 

Dillon, J. F. Municipal Corporations (4th ed., 1890), ii, chs. xx-xxiii. 
Hart, A. B., Actual Government (1903); ch. ix. 

James, J. A., and Sanford, A. H., Government in State and Nation (1903), 
ch. VII. 

Lowell, A. L., Essays on Government (1889), no. iii. 

McClain, E., Constitutional Law (1905), ch. xxiv. 

Schouler, James, Constitutional Studies (1904), pp. 283-295. 

Walker, Timothy, American Law (1905), pp. 50-60, 108-117, 566-628. 
Wilson, Woodrow, Constitutional Government in the United States (1908), 
ch. VI. 

•- The State (1906), secs. 1147-1173. 

QUESTIONS AND EXERCISES 

1 . Name the several grades of courts in your State, beginning with the 
lowest. 

2 . How many judges constitute the highest court? How are they chosen? 
Give their term of office, qualifications, and salary. 

3. Where and when does the highest court hold its sessions? Name the 
judges. 

4. Do all the judges of the highest court belong to the same political party? 
Has any attempt been made in your State to secure a non-partisan 
judiciary? 

5. Answer questions in 2 concerning judges of the lower courts. 

6 . How may a judge be removed from office in your State? 

7. What is the number of the judicial circuit (or district) in which you live? 
What territory does it include? Name the judges. 

8 . Is there a court in your State corresponding to the probate court de¬ 
scribed in Section 155? If so, what cases are tried in it? 

9. If you live in a large city, what special courts exist there? 

10 . Do you favor appointment or election of judges? Short or long terms? 
Give reasons. 

11 . Describe the kind of man who you think would make a good judge. 

12 . In what court w'ould you sue a man for a debt of $20? For a debt of 
$2000? In what court would a man accused of murder be tried? A man 
accused of violating a speed ordinance? 

13. What are the advantages and defects of trial by jury? 

14. Visit the courthouse when court is in session, and write a description of 
the court-room and the trial. 

15. Suggested readings on the State judiciary: Kaye, P. L., Readings, pp. 
311-328, 





CHAPTER XII 


THE POLICE POWER 

167 . Definition of the Police Power. The police power 
is the governmental power to make all laws necessary to 
preserve and protect the public peace, public what is 
safety, public health, and public morals.^ It is uni- 
versally conceded to justify the destruction or abatement, 
by summary proceedings, of whatever may be regarded as 
a public nuisance.^ For example, under this power govern¬ 
ment may order the slaughter of diseased cattle; the de¬ 
struction of decayed or unwholesome food; the regulation 
of railways and other means of public conveyance; the 
suppression of gambling and the liquor traflSc; and the 
confinement in hospitals of the insane or those afflicted 
with contagious disease. Even beyond this, government 
may interfere wherever the public interests demand; and 
hence a large discretion is vested in the legislature to de¬ 
termine what the interests of the public require, and the 
measures necessary for their protection. 

168 . General Characteristics of Police Power. It is 
essential to free government that individual rights be se¬ 
cured against governmental tyranny; but since Nature 
rights guaranteed to individuals may be abused 

by them to the detriment of the community as a whole, it 
is likewise essential that the public welfare be secured 
against individual selfishness. No one should be permitted 
to make such use of his personal or property rights as to 
interfere with a reasonable enjoyment by others of simi¬ 
lar rights. Thus the police power has its origin in the 

> “This police power of the State extends to the protection of the lives, health, comfort, 
and quiet of all persons, and the protection of all property within the State.” — Thorpe p 
Rutland and Burlington Railroad Company, VI Vt. 140; Thayer’s Cases, i, 709. 

• Lawton p. Steele, 16* U. S. 133; Thayer’s Cases, i, 819. 


130 


GOVERNMENT AND POLITICS 


principle solus populi supremo lex*^ (regard for the public 
welfare is the highest law). Every person has a right to the 
free enjoyment and disposal of his property; but if a man 
living in a populous community erects a slaughter-house on 
his premises, or engages in the manufacture of deadly 
explosives, such use of his property would be adjudged a 
nuisance because dangerous to the public health or safety; 
and would be prohibited by government through the ex¬ 
ercise of the police power. Thus in its practical application, 
the police power proceeds upon the principle that each 
must so use his own as not to injure another {''sic litere 
tuo ut olienum non loedos*^). 

So essential is this power to the public welfare that the 
courts have declared that it cannot be surrendered by the 
Police power legislatures. It is a part of governmental power. 
Inalienable “the power of governing is a trust committed 

by the people to the government, no part of which can be 
granted away.” ^ Even through contracts founded upon a 
valid consideration, legislatures cannot so limit the dis¬ 
cretion of their successors that they may not enact laws 
necessary to protect the public safety, public health, or 
public morals. 

The police power is distinct from eminent domain. 
Eminent domain is an appropriation of private property 
Distinct public; while the police power 

neS d^'ain destroys private property in the hands 

of its owner. When the right of eminent domain 
is exercised, proper compensation must be made to the 
owner; but where property depreciates in value or is de¬ 
stroyed through the exercise of the police power, the 
owner is not entitled to compensation.^ 

^ Stone t>. Mississippi, 101 U. S. 14; Thayer’s Cases, ii, 1771. In this case the court sus¬ 
tained the provisions of the Mississippi constitution of 1869 prohibiting lotteries, and a stat¬ 
ute of 1870 enforcing these provisions, as against a corporation chartered in 1867 with au¬ 
thority to carry on the business of a lottery for twenty-five years. The prohibition was held 
a valid police regulation tending to promote the public morals. 

* Thus capital invested in breweries may be greatly depreciated in value through the 
adoption of a State prohibition law, but the owners are without redress. Such was the 
decision in Mugler v. Kansas, 125 U. S. 623; Thayer’s Cases, i, 793. 


THE POLICE POWER 


131 


169. Scope of the State’s Police Power. While the 
police power of the national government is narrowly limited 
in its scope and extent,^ that of the States is full and com¬ 
plete except as limited by express provisions of the federal 
or State constitutions. Municipalities within the common¬ 
wealth also possess limited police powers delegated by the 
State government, to be exercised through municipal or¬ 
dinances; but the police power of municipalities is subor¬ 
dinate to the general police power of the State government, 
and may be controlled or abrogated by the latter. 

In exercising the police power, both the State and fed¬ 
eral governments are limited by certain important principles 
designed to prevent its abuse. (1) State laws in 
exercise of this power must not violate any pro¬ 
vision of the federal or State constitution. (2) State legis¬ 
lation must not interfere with the exclusive jurisdiction 
conferred upon Congress over certain subjects. ( 3 ) State 
and federal measures passed in the exercise of this power 
must not be unreasonable, discriminating arbitrarily against 
individuals or classes, or invading private rights unneces¬ 
sarily; but must be based upon one of the grounds for 
which the police power may be exercised, and be reasonably 
adapted to that purpose.^ 

The principal subjects concerning which the police power 
of the State is exercised include: (1) the mainten- subjects oi 
ance of the public peace and order; (2) the pre- 

1 Congress has no general power to make police regulations; but in the exercise of powers 
jxpressly granted, and as to subjects over which it has exclusive jurisdiction, Congress may 
enact measures of public police. Examples are the federal statutes providing for the punish¬ 
ment of treason and the suppression of insurrection or rebellion; excluding from the mails 
lottery advertisements, fraudulent and other objectionable matter; prohibiting trusts and 
combinations in restraint of trade; establishing a national quarantine; and regulating 
immigration. 

* A State police regulation held invalid as interfering with federal control of interstate 
commerce was the prohibition law of Iowa, forbidding the sale in that commonwealth of in¬ 
toxicating liquors in original and unbroken packages imported from another State. The Su¬ 
preme Court of the United States declared this law unconstitutional, holding it to be an in¬ 
vasion of the exclusive control by Congress of interstate commerce. (Leisy v. Hardin, 135 
U. S. 100; Thayer’s Cases, il, 2104.) This decision would have made it impossible to enforce 
State prohibition laws had not Congress promptly passed the Wilson Act, providing that 
when liquor is imported into a State it becomes subject to the police power of the common¬ 
wealth in the same manner as domestic articles of a similar nature. 


132 


GOVERNMENT AND POLITICS 


servation of the public safety; (3) the promotion of the 
public health; and (4) the protection of the public morals. 

170 . Maintenance of Public Peace and Order. Mainten¬ 
ance of the public peace and order is essential to the very 
ThepubUo existence of the State. Hence government may 
enact laws necessary to the performance of its 
functions; it may define crimes and punish criminals; es¬ 
tablish courts and regulate civil and criminal procedure; 
provide for sheriffs, jails, and penitentiaries; prevent and 
suppress unlawful assemblies and riots; and in general do 
all things necessary to maintain law and order throughout 
the commonwealth. 

Every citizen owes to the community implicit obedience 
to the laws and to the regularly constituted authorities; 
oivu and upon the orderly spirit characteristic of most 
fwUw* citizens, government largely relies for the preser- 
oniorcoment vation of the public peace. The official agencies 
charged with the special duty of enforcing laws are: first, 
the local police force, consisting of policemen in the cities, 
and constables in the rural districts; and second, the sheriff, 
who is both the executive officer of the courts, and the 
general conservator of peace throughout the county. The 
sheriff has power to appoint deputies, and if necessary may 
summon to his aid a 'posse.^ 

Under ordinary circumstances these local forces are 
adequate to suppress lawlessness; but if the civil author- 
Buutary ities are unable to cope with the disturbance, the 
power governor, ordinarily upon request of the county 
sheriff, will order the State militia to the scene. If even the 
militia are unable to suppress the disorder, the State 
legislature or the governor (if the legislature is not in ses¬ 
sion) may apply to the President, who can use the whole 
military power of the federal government to suppress the 
outbreak. If the violence is so great as to interfere with 


* In theory, the poise comitatus, or county force subject to the sheriff’s summons, includes 
aU able-bodied men within the county. 



ARMORY OF THE STATE MILITIA 
At Medford, Mass. 



POLICE PROTECTION DURING A STRIKE 

A number of wagons, each guarded by a squad of policemen. The occasion was 

a teamster’s strike in a large city. 




































THE POLICE POWER 


133 


the execution of the functions of the federal government, 
as the transmission of the United States mails, the Pres¬ 
ident may send federal troops to the scene without the 
request, and even contrary to the desire, of the State 
authorities. 

Thus the immediate purpose of the militia is to act as 
a sort of State police force on which the governor may call 
in case of serious riots or insurrection. Under an 

Mllltlft 

act of Congress, the militia liable to be called out 
by the President consists of all able-bodied male citizens 
between the ages of eighteen and forty-five, an aggregate 
of over twenty-two million men. This entire number consists 
of two classes: the organized militia, a force of about 450,000 
men (known as the national guard and the naval militia); 
and a vast force of reserve militia, including all able-bodied 
citizens between the ages of eighteen and forty-five years, 
called upon only in time of great emergency. 

The national guard is in no sense a standing army, but 
rather a citizen soldiery. Enlistment is voluntary, and is 
for a term of six years, the last three in the 
national guard reserve. Until lately each State national 
followed its own rules concerning the organiza¬ 
tion and control of its own troops. But by the national 
defense act of 1916, provision was made for federalizing 
the militia of the several States, and for drafting it into 
the general service. 

Congress prescribes the rules for the organization, arma¬ 
ment, and discipline of the militia; and these are now the 
same as for the regular army. The militia may 
be called into the service of the United States in concerning 

T T • mlHtla 

order to execute the laws ot the Union, suppress 
insurrection, and repel invasion. Except when called into 
the federal service, the commander-in-chief is the governor, 
assisted by his military staff, at the head of which is the 
adjutant-general. Other officers are appointed by State 
authorities, or elected by the men. 


134 


GOVERNMENT AND POLITICS 


PubUc 

health 

hoards 


171 . Preservation of the Public Safety. One of the prin¬ 
cipal objects for which the police power may be exercised 

is the preservation of the public safety. Under 
RegiUaUons are included the numerous statutes regu¬ 

lating steam and electric railways; ^ prohibiting the keeping 
of explosives in dangerous quantities; forbidding the carry¬ 
ing of concealed weapons; prohibiting the sale of poisonous 
drugs unless labeled poison; requiring the muzzling of dogs; 
providing that electric light wires in cities be laid below the 
surface of the streets; regulating the general use and care of 
streets and sidewalks; and establishing building regulations.^ 

172 . Promotion of the Public Health. Of the highest 
importance are the laws and regulations designed to pro¬ 
mote the public health of the community by main¬ 
taining good sanitary conditions, and by prevent¬ 
ing the spread of contagious or infectious disease. 

Control of public health is left primarily to local health 
boards or officers of the cities, townships, and counties; but 
in nearly every commonwealth there is a State board or 
department having general supervision over conditions 
affecting the public health, with some degree of control 
over local boards and officers. 

In order to protect the public health, governments 
generally forbid the use of surface wells in cities; establish 
Health quarantine regulations, as the exclusion from the 
regulations g^ate or the destruction of diseased cattle; prohibit 
the sale of unwholesome provisions and adulterated food 
products; provide public hospitals and require the removal 
thereto of persons afflicted with dangerous contagious or 
infectious diseases; make regulations for the proper burial 
of the dead; and adopt such other rules as are necessary to 


' For example, requiring the erection of fences and cattle-guards, the safeguarding of 
railway-crossings, the use of spark-arresters, of signal and switching devices, of brakes and 
automatic couplers, regulating the speed of trains in cities, requiring the maintenance of 
suitable depots and waiting-rooms for passengers, and prescribing tests of competency for 
engineers and conductors. 

* For example, prescribing the maximum height of buildings, the strength of founda¬ 
tions and walls, character of the plumbing, and the number of exits and fire-escapes. 


THE POLICE POWER 


135 


protect the general health of the community. The liquor and 
cigarette traffic may also be regulated or entirely prohibited 
by the legislature as dangerous to the public health. 

173 . Protection of the Public Morals. The object of 
legislation in protection of public morality is not to set up 
a standard of morals to which each person must 
conform, the private character of the individual private 
being a matter for his own conscience and the 

moral law. But government does have regard to the general 
moral health of citizens, just as to their physical health, 
and hence prohibits certain conduct which tends to lower 
the general moral tone of the community. On this ground 
statutes have been upheld punishing blasphemy; requiring 
the cessation of all ordinary business and employment on 
Sunday;^ prohibiting gambling and other immoral amuse¬ 
ments and entertainments; suppressing lotteries; and for¬ 
bidding acts of cruelty to animals. 

174 . Miscellaneous Examples of the Police Power. Four 
important subjects of the exercise of the police power de. 
serve special consideration, being justifiable upon one or 
more of the above grounds of public safety, health, or moral¬ 
ity. These are: ( 1 ) the regulation of trades, callings, and 
occupations; (2) regulation of labor; (3) regulation of 
charges and prices; and (4) regulations to prevent frauds 
and oppression. 

175 . Regulation of Trades, Callings, and Occupations. 
The general principle is that one may engage in any lawful 
occupation or employment; but the commonwealth may 
regulate the conditions under which employments may be 
carried on, and forbid those which it deems prejudicial to 
the public good. Legislation concerning occupations and 
employments is usually for one of three purposes: ( 1 ) Cer¬ 
tain occupations, as the liquor traffic and gambling, are 
deemed inherently vicious and immoral, and may be 
regulated or entirely prohibited. ( 2 ) Other callings (as the 

' Sunday regulations are now generally sustained as necessary to the public health, rather 
than on moral grounds. . 


136 


GOVERNMENT AND POLITICS 


business of ticket-scalping), while not inherently immoral, 
may be forbidden as against public policy; and other proper 
occupations may be regulated (as the business of pawnbro¬ 
kers and junk-dealers); or altogether prohibited under con¬ 
ditions likely to render them a public nuisance (as slaughter¬ 
houses in cities). (3) Finally, there is a large class of occu¬ 
pations and professions where the safety, health, or property 
of the public is directly dependent upon the possession of 
special knowledge and skill on the part of those who practice 
them; and hence government may restrict such callings (as 
those of law, medicine, teaching, pharmacy, plumbing) to 
persons who can pass prescribed examinations designed to 
test their qualifications. 

176 . Regulation of the Liquor Traffic. Regulation of the 
manufacture and sale of intoxicating liquors has always 
License been held a valid exercise of the police power, 
system justifiable on all three grounds of public safety, 

health, and morality. At first most of the States attempted 
to regulate the liquor traffic by means of the license system. 
Under this plan, the State taxed each saloon a sum varying 
in different commonwealths from $50 to $1200 a year. The 
advantages of a high-license system are that it lessens the 
number of saloons and the amount of liquor sold, and forms 
a productive source of revenue. Against the plan it is urged 
that it makes the State a partner in the evils of the traffic. 

A second method of dealing with the liquor traffic is by 
local option, or prohibition within local areas upon the 
Local affirmative vote of a majority of the electors, 

option Under this plan, the voters of a county, township, 

village, or city (or ward or other district within the city), are 
allowed to determine whether or not the prohibition law shall 
be applied to that particular area of the commonwealth. 
Local option has the great advantage of resting the policy 
concerning temperance upon the approval of the local com¬ 
munity; and upon local approval temperance laws must 
largely depend for their sanction and support. 


THE POLICE POWER 


137 


Before the adoption of national prohibition, thirty-one 
States had State-wide prohibition; that is, the manufacture 
and sale of intoxicating liquors was prohibited state-wide 
throughout the entire State (generally, by means prohibition 
of a constitutional amendment). It is true that in much of 
this prohibition area, liquor was sold illegally. Neverthe¬ 
less, State prohibition placed the stamp of public disap¬ 
proval upon the liquor traffic; and it banished the open sa¬ 
loon with its dangerous allurements. 

The prohibition movement gained great momentum in 
the years 1916-1917, when many additional States swung 
into the dry column. Moreover, Congress passed a war 
prohibition measure, forbidding the manufacture and sale 
of all intoxicating beverages after July 1, 1919. Finally, the 
supporters of prohibition were able to secure the National 
necessary two-thirds vote in Congress for the sub- 
mission to the States of a constitutional amendment calling for 
national prohibition. This eighteenth amendment received 
the ratification of the necessary thirty-six States in January, 
1919. It prohibits the manufacture, sale, or transportation of 
intoxicating liquors within the United States. Congress 
promptly passed a Prohibition Enforcement Act, commonly 
called the Volstead Act, declaring all liquors containing more 
than one half of one per cent of alcohol to be intoxicating, 
and hence prohibited. The duty of enforcing this measure is 
vested primarily in the Commissioner of Internal Revenue, 
although it likewise rests upon State and local officials. 

177. Regulation of Labor. State regulation of labor is 
justifiable if necessary to protect the safety, health, or 
morals of the laborers themselves, or of the general public. 
Regulations of this kind commonly restrict the employment 
of women and children in factories and mines; provide for 
the safety of employees by requiring the inspection of ele¬ 
vators and boilers, and the fencing of dangerous machinery; 
safeguard the health of laborers by prescribing the minimum 
floor space and air supply per individual; and regulate the 


138 


GOVERNMENT AND POLITICS 


manufacture and sale of articles made in tenements. These 
provisions are generally enforced by a State department of 
labor in charge of a commissioner or inspector. 

Within recent years, many States have passed Workmen’s 
Compensation Acts, under which laborers who are injured 
Workmen’s course of their employment may receive 

^lon^Ss^' compensation without bringing suit in the courts 
for damages. The essential principle of the com¬ 
pensation laws is that an employee who suffers an injury 
while engaged in his occupation shall be entitled to a pay¬ 
ment proportioned to the nature of his injury. In some 
States the amount of the payment for the different indus¬ 
tries is specified in the law; in others, a State Industrial 
Commission fixes the compensation under general rules laid 
down in the act. 

178 . Regulation of Charges and Prices. Under the mod¬ 
ern princiiale of freedom of contract, the rate of wages and 
Present the prices of commodities are ordinarily left to 
theory private arrangement between the parties con¬ 
cerned. But under some circumstances, prices may be 
controlled by law in the exercise of the police power. Thus 
where a corporation undertakes a public employment,^ as 
the transportation of passengers and freight, and receives 
special privileges which only government can confer (as the 
power of eminent domain), the prices charged may be regu¬ 
lated in the interest of the public so as to prevent unreason¬ 
able and exorbitant charges. ^ Instances of business “ af¬ 
fected with a public interest ” and therefore subject to 
reasonable regulation are: the business of railroads and 
other common carriers, including hackmen, draymen, and 
public ferrymen; also that of public millers, hotel-keepers, 
and warehousemen. 

179 . Regulations in Prevention of Frauds and Oppres¬ 
sion. Limitations are often placed upon freedom of contract 

* Corporations of this kind are usually called quasi-public or public-service corporations; 
because of the public nature of their business. 

2 Munn v. Illinois 94 U.S. 113; Thayer’s Cases i, 743. 


THE POLICE POWER 


131^ 


in cases wlicre because of special circumstances the parties 
are not on an equal basis, one of them lacking 
real liberty of action. Illustrations are the usury 
laws, and statutes designed to protect minors 
and insane persons in their business dealings. 

Regulations designed to protect the public against frauA 
and oppression are those providing for inspection of weight-^ 
and measures; regulating the weight of bread provisions 
in a loaf; prohibiting trusts, corners, pools, and against 
other combinations in restraint of trade and de¬ 
signed to create a monopoly; and forbidding boycotts and 
other coercive measures which interfere with the rights of 
persons or property. 

GENERAL REFERENCES 

Bliss, W. D. P., and others, Encyclopedia of Social Reform (1908); articles 
on Temperance, Prohibition, Factory Legislation, and Tenements. 
Hart, A. B., Actual Government (1903), ch. X;xx. 

McClain, E., Constitutional Law (1905), ch. ix. 

Wright, Carroll D., Practical Sociology (1899), chs. xii, xxiii. 

Young, James T., The New American Government and Its Work (1915), 
pp. 342-398. 


Special 
protection 
of certain 
classes 


QUESTIONS AND EXERCISES 

1. What authorities have charge of the maintenance of public peace and 
order in your community? How are these officers chosen? Term? How 
removed? 

2 . Give instances of important health regulations adopted by your local 
health department. 

3 . Give instances of occupations or callings which are unlawful in your 
commonwealth. Of other occupations which, while not entirely pro¬ 
hibited, are subject to a large degree of police regulation. 

4 . Give some of the most important provisions adopted by your common¬ 
wealth in regulation of labor. 

5 . What restrictions has your State placed upon the employment of wo¬ 
men and children in factories and mines? What is the object of such 
regulations? Who enforces them? 

6 . Have you a State board of arbitration for the settlement of labor dis¬ 
putes? Has it been successful in adjusting such controversies? 

7 . What is meant by a strike? Lock-out? Boycott? Picketing? What 
can you say of the legality of these methods of industrial warfare? 

8 . Explain how a strike affects many more people than the employer and 
employees in the particular industry. 

9 . Give examples of industries in w'hich the prices or charges are regulated 
by law in order to protect the public. 


CHAPTER XIII 


CRIME AND ITS PUNISHMENT 


180. Wrong-Doing in Early Society. In the early stages 

of society, private retribution was the sole remedy foi 
PriTate and individual suffered injury, retalia- 

pubUo tion became the duty of his family or tribe. Or- 
redress ganized revenge thus became a social institution, 
and even in modem times has survived in some backward 
regions as the “blood-feud.” ^ Gradually retaliation was 
somewhat checked by a system of compensation for in¬ 
juries through the payment of money or goods—from which 
the modem system of fines has been derived. With the 
evolution of the state, government soon assumed the func¬ 
tion of arbitrating private controversies and of redressing 
injuries. Wrongs were no longer a matter of private venge¬ 
ance, but were redressed through the courts by means of 
civil and criminal procedure. 

181. Classification of Wrongs. The wrongs for which 

modern governments afford redress are of two classes: pri- 
Private and wrongs or torts, and public wrongs or crimes, 

puijiic Torts may be defined as offenses primarily against 
wrongs individual rights, for which the person injured 
may bring a civil suit for damages or ask protection through 
an injunction; ^ while public wrongs or crimes are offenses 
so injurious to society as a whole that government itself, 
through a criminal proceeding, enforces the penalty. Some 
actions, properly designated as sinful or vicious, are neither 
civil nor criminal offenses — in other words, the law does 
not seek to prevent all wrongful acts. On the other hand, 


^ Duels, and in a measure lynchings, are survivals of the earlier status. 
* The procedure in civil cases has been described in Section 161. 


CRIME AND ITS PUNISHMENT 


141 


acts which in themselves do not involve moral turpitude 
are sometimes declared criminal; for example, driving on 
the left-hand side of a bridge. Thus only those acts are 
crimes which are so declared by law. 

182. The Definition of Crime. A crime may be defined as 
an act forbidden by law as injurious to the public, and 
which government prosecutes and punishes in its variabio 
own name. What acts are declared criminal de- 

pends upon the common beliefs and convictions of men as 
reflected in their laws and institutions. Thus crime varies 
among different nations and in different periods of history; 
acts regarded as heroic in one age may be considered crim¬ 
inal in another, and vice versa. In the last analysis the de¬ 
finition of crime is the product of public sentiment in a 
particular society; ^ and upon the same public sentiment 
criminal laws practically depend for their enforcement. 

183. Classification of Crimes. The legal classification 
of crimes is based upon the nature of the punishment, and 
includes three grades: treason, felonies, and mis- Treason, 
demeanors. Treason is a crime aimed at the gov- 4^4 ais- 
ernment itself, and consists in levying war against 

the United States, or adhering to its enemies, giving them 
aid and comfort. Felony includes all the more serious crimes 
punishable either by death or by imprisonment in the peni¬ 
tentiary;^ while misdemeanors are offenses of a minor 
nature, punishable by fine or imprisonment in the county 
jail or workhouse. 

With reference to the nature of the criminal act, crimes 
may be classified as (a) offenses against government, as 
treason and bribery; (b) offenses against public 
order, as riot and conspiracy; (c) offenses against 
public health, as nuisance; (d) offenses against 
religion, morality, and decency, as blasphemy; (e) crimes 

1 Criminality “consists in a failure to live up to the standard recognized as binding by 
the community.” — Ellis, H., The Criminal, p. 250. 

* At common law, felony included those crimes whose punishment involved forfeiture ol 
the criminal’s lands and goods, and for which the deathjpenalty might also be inflicted. 


GOVERNMENT AND POLITICS 


m 


against the person, as assault or robbery; (f) crimes against 
the dwelling-place, as arson and burglary; (g) crimes against 
property, as larceny and forgery; (h) maritime offenses, as 
piracy. 

184 . The Causes of Crime. The numerous factors which 

produce crime may be grouped into three great classes: 
Analysis physical, social, and individual. (1) The physical 
oi factors factors affecting crime are climate and 

the variations of temperature. ( 2 ) Social factors are the 
political, economic, and social conditions under which men 
live; e. g., poverty, density of population, industrial de¬ 
pressions, lynching, corrupt politics, influence of evil as¬ 
sociations, and of injurious theories and beliefs. (3) Indi¬ 
vidual factors of crime are those attributes inherent in the 
individual himself, as sex, age, education, occupation, and 
alcoholism — forces whose ultimate product is sometimes 
hereditary or individual degeneration. The science which 
treats of the nature and various causes of crime, known 
as criminology, has been of especial value in suggesting 
possible methods of prevention. 

185 . The Repression of Crime. Among the important 

means which society has provided for dealing with crime 
Repressive are the public police force, whose special duty is 
agencies prevention and detection of crime and the ar¬ 

rest of criminals; the system of courts and criminal pro¬ 
cedure for the determination of the guilt of accused persons; 
and the various types of penal institutions for the punish¬ 
ment of convicted criminals. In the United States these 
agencies are provided chiefly by the individual common¬ 
wealths, the federal government having jurisdiction only 
over limited classes of crimes.^ 

186 . First Steps in a Criminal Action. The various steps 
Warrant in a criminal proceeding are designed to safeguard 

the social welfare, while at the same time pro¬ 
tecting the rights and liberty of the individual. As a general 

• See chapter xxxv. ' 


CRIME AND ITS PUNISHMENT 


143 


rule, the person supposed to be an offender is arrested in 
pursuance of a warrant, that is, an order issued by a proper 
magistrate and addressed to an officer directing him to ar¬ 
rest the person named. But either an officer or a private 
individual may arrest without warrant under certain cir¬ 
cumstances; for example, if a crime is being committed in 
view of the person who apprehends the criminal. 

The next step is the examination before a court having 
original jurisdiction over the offense. In case of felonies 
this is generally a preliminary step to ascertain Examina- 
whether there is reasonable cause to hold the ac- 
cused to await the action of the grand jury; and if guilt 
seems probable, or if the accused waives examination, he 
is committed to jail by a mittimus or released on bail.^ 
But in case of misdemeanors, magistrates often have sum¬ 
mary jurisdiction, and at once proceed with the trial, render 
a decision, and assign a penalty. 

187. Fr amin g a Formal Accusation. Most State consti¬ 
tutions as well as the federal constitution provide that “no 
person shall be held to answer for a capital or indictment 
otherwise infamous crime, unless on a present- 
ment or indictment of a grand jury.” The grand 
jury is a body of citizens (usually twenty-three) chosen 
from the people of the county for the purpose of inquiring 
into offenses committed therein. The public prosecutor 
lays before this body the information or complaint, together 
with the evidence in its support. If a majority of the grand 
jury believe the evidence sufficient to warrant putting the 
accused person on trial, their foreman indorses on the indict¬ 
ment “ a true bill,” whereupon it is returned to the court 
in order that the defendant may be tried. If the evidence 

» If there is reason to suppose that a person has been illegally committed to jail, he is en¬ 
titled to a writ of habeas corpus. This is an order issued by the judge commanding that the 
person held be brought before the court in order that it may be judicially determined whether 

he is legally detained. , • 

* Bail is the delivery or bailment of the arrested person to certain sureties, upon their giv¬ 
ing sufficient security for his appearance in court. The amount of the bond varies with the 
enormity of the offense charged. 


144 


GOVERNMENT AND POLITICS 


does not appear sufficient, the accused has a right to dis¬ 
charge, but may be subsequently indicted by another grand 
jury. In addition to cases brought before it by the prosecu¬ 
tor, the grand jury may inquire into offenses which have 
come to their own notice, and if the evidence warrants, may 
render a presentment or formal accusation, whereupon the 
court generally orders an indictment to be framed. 

In States whose constitutions do not require indictments 
or presentments, prosecutions are usually initiated by means 
The of an information or written accusation presented 

Information ^^der oath by the public prosecutor to the court 
having jurisdiction of the offense charged. Both the infor¬ 
mation and the indictment must set forth all the essential 
elements and circumstances of the offense, so that the ac¬ 
cused may know the nature of the crime charged, and be 
prepared to offer evidence in his defense. In case the person 
against whom the indictment or information is found has 
not been arrested and brought before the court, a warrant 
known as a process is issued for his apprehension. 

i88. Arraignment and Trial. The next step is arraign¬ 
ment. Before the bar of the court in open session the indict- 
The plea ^^nt or information is read to the accused, and he 
is asked to plead guilty or not guilty to the accusa¬ 
tion. If he stands mute and refuses to answer the arraign¬ 
ment, the court will order a plea of not guilty to be entered. 
A plea of guilty amounts to a waiver of the trial, and the 
court may forthwith decree judgment. If the accused pleads 
not guilty, his attorney may under certain circumstances 
object to the jurisdiction of the court, demur, offer plea in 
abatement or in bar; or he may proceed with the trial of 
the issue. 

The trial is the legal investigation of the issues created by 
the prosecution and the plea. Constitutional provisions 
commonly secure the right of the accused: (1) to be ad¬ 
mitted to reasonable bail; ^ (2) to have a copy of the ac- 

* E;^cept for capital offenses where the guilt is evident or the presumption great. 


CRIME AND ITS PUNISHMENT 


145 


cusation against him; (3) to be heard by himself and coun¬ 
sel; (4) to meet the witnesses face to face; (5) to consutu- 
have compulsory process for obtaining witnesses 
in his favor; (6) to have a speedy public trial 
before an impartial jury; and (7) not to be twice placed in 
jeopardy for the same offense. 

The petit jury is a body of twelve citizens legally selected 
from the people of the county, and duly impaneled and 
sworn to try the issue between the government The petit 
and the accused. Before the jury is sworn, both 
the prosecution and the defense may object to any individ¬ 
uals who, for valid reasons, ought not to serve, ^ and a cer¬ 
tain number of peremptory challenges is also allowed. 

When the jury have been sworn, the indictment and plea 
are read to them, and the trial begins. The various steps 
include the introduction of evidence, the argu- steps in 
ments of counsel, the charge of the court, the de- ^*^®**^^ 
liberation and verdict of the jury, and the judgment. Two 
of the most important rules of evidence in criminal cases are 
that the accused is always presumed to be innocent until 
he is proven guilty; and that the prosecution must prove 
affirmatively, and beyond a reasonable doubt, every ma¬ 
terial allegation in the indictment. The accused has the 
right to testify in his own behalf, but is protected by con¬ 
stitutional provision from being compelled to do so.^ In 
criminal cases the verdict of the jury must be unanimous.^ 
If after due consideration the jury cannot agree upon a 
verdict, they may be discharged and the accused remanded 
for another trial. If the verdict is an acquittal, the accused 
is immediately discharged; if it is one of conviction, the 
accused may under certain circumstances immediately file 
a motion for a new trial or in arrest of judgment. 

1 Any juror who states that he has formed an opinion about the case is incompetent to 
serve, provided he would not be able to try the case fairly on the evidence presented. 

2 But if he voluntarily goes on the stand he may be cross-examined like any other witness. 

* Except that in a few Western States a verdict of nine or ten out of the twelve jurors 

!•* allowed in some cases. 


146 


GOVERNMENT AND POLITICS 


Judgment 


Early and 

modern 

theories 


If neither of these motions is made or if, having been 
made, it is overruled, the court proceeds to judgment. 

This is an order directing the kind and measure 
of punishment to be inflicted on the accused, in 
conformity with the laws prescribing penalties for such of¬ 
fenses. Unless stayed by error proceedings or reprieve, or 
prevented by pardon, execution of the judgment follows; 
and this consists in the infliction upon the offender of the 
punishment imposed by the court. 

189. The Theory of Punishment. In the early stages of 
society, and indeed throughout the greater part of the 
world’s history, the object of punishment was 
retaliation — a life for a life, an eye for an eye, 
a tooth for a tooth. The crime of murder is still 
generally punished on this principle, although the tendency 
is toward the abolition of the death penalty.^ But the pre- 
vaihng theory of punishment is not retaliation, but rather 
the protection of society, and if possible the reformation of 
the offender. By inflicting punishment, society endeavors to 
protect itself against criminal acts by awakening a whole¬ 
some fear of their consequences. History proves that se¬ 
verity of penalty alone will not solve the problem; and hence 
effort is now made to provide punishment of such character 
that it may reform the offender, and ultimately fit him for 
the life of a trustworthy citizen. 

Fines or imprisonment, or both, are the penalties com¬ 
monly inflicted; and these vary greatly in severity through¬ 
out the Union, even for the same offense. Laws 
defining crimes usually prescribe a maximum and 
minimum penalty, the exact punishment within 
these limits being left to the discretion of the trial judge. 
Imprisonment is generally for a fixed period which may be 
reduced by good behavior; but several commonwealths 
have adopted the indeterminate sentence under which the 


Common 

punish¬ 

ments 


* Capital punishment has been abolished in Maine, Rhode Island, Michigan, Wisconsiu 
and Kansas. 


CRIME AND ITS PUNISHMENT 


147 


criminal is not sentenced for a fixed term, but only until 
his conduct shows that he is fit for liberty. 

190. Places of Imprisonment. Places of imprisonment 
comprise lock-ups or police stations, jails, work-houses, 
reformatories, and prisons or penitentiaries. Lock-ups and 
police stations are used for the detention of arrested per¬ 
sons pending immediate trial before the proper magistrate. 
Jails are county institutions intended primarily for the de¬ 
tention of persons awaiting trial; but they are often used 
for the punishment of offenders sentenced to a short term 
of imprisonment, notwithstanding this practice in effect 
provides a school for crime. ^ Work-houses are local in¬ 
stitutions used for the punishment of minor offenses; 
reformatories are intermediate prisons for the punishment 
of juvenile offenders; and penitentiaries or prisons are 
provided for the incarceration of convicted felons. 

191. The Treatment of Criminals. The importance of 
classifying criminals with a view to their possible reforma¬ 
tion is now generally recognized; and accordingly The mark- 
prisoners are generally classed as juvenile offend- system 
ers, reformatory cases, and incorrigibles. With the object of 
encouraging industry and good conduct within the prison, 
most penitentiaries have a system of marks and grades, 
promotion from a lower to a higher grade depending upon 
the number of marks earned. Obedience to the orders of 
officers and the rules of the prison, performance of assigned 
tasks, and upright conduct form the basis of the marking 
system; and by good behavior it is possible for the convict 
to shorten materially his term of imprisonment. 

Labor is recognized as of the highest value in the treat¬ 
ment of prisoners, the four common systems of prison labor 
being the lease system, the contract system, the 
piece price plan, and the public account system. 

Under the widely used public account plan, government 


« Owing to the fact that prisoners of all grades and ages are often placed together with 
no provision for useful employment. 


148 


GOVERNMENT AND POLITICS 


furnishes the plant and raw materials, and the business 
of manufacturing is carried on under the direction of 
prison officers. The industries are diversified as much as 
possible in order to adapt them to the occupations and 
training of the convicts, and in order to reduce the effects 
of competition with free labor. In many commonwealths 
prison labor is devoted largely to the manufacture of goods 
used in the various State institutions. 

192. The Prevention of Crime. Inasmuch as the majority 

of convicts are unskilled laborers, the best organized penal 
Preventive institutions provide trade and technical educa- 
methods inmates, with the object of qualify¬ 

ing them for useful employment upon their discharge. In 
many other ways society now aims at the prevention of 
crime instead of relying solely upon repressive measures. 
These preventive methods include careful registration of 
criminals by the Bertillon method; employment bureaus 
to secure work for discharged prisoners; increased efficiency 
of police systems; improved systems of poor relief; checks 
upon the hereditary supply of criminal stock; the removal 
of the social causes of crime (as defective economic con¬ 
ditions); and finally, the improvement and adaptation of 
educational systems, especially by enlarging the facilities 
for trade and technical training. 

193. Treatment of Juvenile Offenders. In recent years 
there has been great progress in the social treatment of 
Refonn- juvenile offenders, most of whom need training 
atories rather than punishment. Special provision is now 
made for the care of such cases in industrial and reform 
schools, and in well-organized reformatories. The reforma¬ 
tories at Westboro, Massachusetts, Lansing, Michigan, 
and Lancaster, Ohio, are model institutions of their class; 
and excellent results have been obtained by means of the 
industrial and academic education which they supply, 
aided by the principle of the indeterminate sentence. 

The latest development in the treatment of youthful 


CRIME AND ITS PUNISHMENT 


149 


offenders is the establishment of special courts for the trial 
of juvenile delinquents, the judges commonly juvenile 
having wide discretion over the disposal of such 
cases. Special probation ojEcers are also employed for the 
supervision of delinquent, dependent, and neglected chil¬ 
dren in the numerous cases where institutional treatment 
does not seem expedient. These officers act under the di¬ 
rection of the juvenile court in the commonwealths having 
this institution. 


GENERAL REFERENCES 

Baldwin, Simeon E., Modern Political Institutions (1895), chs. v, ix. 
Beard, C. A., American Government and Politics (1910), pp. 568-577. 
Bishop, J. P., Criminal Law. 

Black, H. C., Constitutional Law (1897), ch. XX. 

Boies, H. M., Science of Penology (1901). 

Dugdale, R. L., The Jukes (1902). 

Ellis, Havelock, The Criminal (1907). 

Bliss, W. D. P., and others, Encyclopedia of Social Reform (1908); articles on 
Crime and Penology. 

Hall, A. C., Crime in its Relation to Social Progress (1902). 

Henderson, C. R., Dependent, Defective, and Delinquent Classes (1906), pp. 
215-338. 

McClain, E., Constitutional Law (1905), ch. xlii. 

- Criminal Law. 

Morrison, W. D., Crime and its Causes (1891). 

New International Encyclopedia, articles on Criminology, Convict Labor, 
Punishment, Reformatories. 

Robinson, W. C., Elementary Law (1882), pp. 239-336. 

Tallack, William, Penology and Preventive Principles (1896). 

Walker, Timothy, American Law (1905), pp. 553-565, 636-643. 

Wines, F. H., Punishment and Reformation (1895). 

Wright, Carroll D., Practical Sociology (1899), chs. xxi-xxii. 


QUESTIONS AND EXERCISES 

1 . Are there any provisions in your State constitution concerning crimes 
or punishment? 

2 . What is a felony under the laws of your State? Name several crimes 
which are felonies. 

3 . In your community what court has jurisdiction over misdemeanors? 
Over felonies? 

4. Describe the first steps in a criminal action under the laws of your 
commonwealth. 

5 . How is the grand jury chosen? Of how many men does it consist? De¬ 
scribe the process of rendering an indictment or presentment. 

6 . Describe the remaining steps in a criminal action in your county (ar¬ 
raignment, trial, judgment). 




159 


GOVERNMENT AND POLITICS 


7 . Explain the importance of jury trial to one accused of crime. 

8 . What is the method of selecting petit jurors in your county? Can you 
suggest a better method? 

9. Visit the courthouse and observe the steps in a criminal trial. Write 
a report of the proceedings. 

10 . Enumerate the safeguards in your State constitution designed to secure 
the rights of accused persons. 

11 . Is the principle of the indeterminate sentence applied in your common¬ 
wealth? 

12. Are those who have been convicted of a felony permitted to vote in 
your State? 

13. Give arguments for and against capital punishment. 

14. Classify the various places of imprisonment in your State. What class 
of offenders is sent to each? 

15. What industries are carried on in your State penitentiary? Explain 
the advantages to the State and to the prisoners of keeping the latter 
employed at useful labor. What arguments are sometimes urged 
against prison labor? 

16. Is there a reformatory in your State for youthful offenders? If so, 
write a brief account of it. 

17. What industrial or reform schools are there in your State? Are they 
accomplishing good results? 

18. Is there a juvenile court in your community? If so, describe its work, 
and that of the probation officers. 

19. Prepare a brief report on the treatment of criminals in colonial times. 
(McMaster, History of the American People, i, pp. 93-102.) 

20 . Suggested readings on criminal procedure: Kaye, P. L., UeadiK^s, 
pp. 316-334. 


CHAPTER XrV 


PUBLIC CHARITIES 

2 Q 4 . Relation of Government to Charity. In early times 
the relief of the destitute and helpless members of society 
was left chiefly to the church and to private phil- 
anthropy; but to-day in the more progressive a public 
countries the care of the dependent and defect- 
ive classes is a clearly recognized function of government. 
The aim of public charity is the relief of those suffering 
from poverty and disease; and at the present time special 
effort is made to discover and remove the causes of dis¬ 
tress, rather than merely to minimize the results of bad 
conditions.^ 

Actual administration of public charities is entrusted 
primarily to local areas — to the towns in New England 
and the Middle States, to the counties in the 
South, and in the Central and Western States to admin- 
one or both of these divisions. The larger cities 
frequently have a system of poor relief separate from that 
of the counties in which they are situated. 

In many commonwealths the work of local authorities 
is subject to a greater or less degree of central supervision 
by a State board of charities. Generally this is state boards 
merely an advisory body with power to inspect, charities 
investigate, and make recommendations to the governor 
or legislature (as in New York, Massachusetts, California, 
Indiana). In several commonwealths^ the State board is 
one of control, with power to appoint the superintendents 
of charitable institutions, inspect the construction of asy- 


^ The effort to ascertain causes is characteristic of private, rather than of public charity 
3 Minnesota, Iowa, Kansas, Ohio, lUinob, Rhode Island, and Wisconsin. 


15« 


GOVERNMENT AND POLITICS 


lums and poor-houses, and in general to administer the 
charitable system of the State. 

195 . The Causes of Poverty. Various theories have been 
advanced by economic writers to account for the funda- 
Theories of mental causes of poverty. Thus some economists, 
OeorgJ^Md following the teachings of Malthus, assert that 
poverty exists mainly because population tends 
to increase faster than food supply. Other writers accept 
the theory of Henry George that poverty exists because the 
owner of land receives as rent a large share of the annual 
product which ought to go to the laborer. Socialistic 
writers, following the doctrine of Karl Marx, maintain 
that poverty is due to the fact that under capitalistic 
production the capitalist appropriates nearly all the product 
of labor, paying the laborer wages which barely suffice to 
keep him alive. 

A more probable explanation is that poverty results not 
oi 8 ft 9 tiioa- ^rom a single cause, but from a number of causes, 
tionoi These have been grouped by Professor Carl 
Kelsey into three main classes, environmental, 
personal, and social, as shown in the following outline: — 

CAUSES OF POVERTY 

I. Environmental: 

(a) Adverse physical environment: polar regions, tropics, 
deserts, swamps. 

(b) Disasters, flood, earthquake, fire, famine. 

II. Personal: 

(a) Physical defects: feeble-mindedness, insanity, blind¬ 
ness. 

(b) Moral defects: dishonesty, laziness, shiftlessness, etc. 

(c) Intemperance. 

(d) Licentiousness. 

(e) Sickness. 

(f) Accident. 

HI. Social: 

(a) Industrial changes affecting the worker: change of 
location of trade, inventions, strikes. 


PUBLIC CHARITIES 


153 


(b) Exploitation. 

(c) Race prejudice. 

(d) Sickness, death, desertion, crime of natural supporter 

(e) Defective sanitation. 

(f) Defective educational system. 

(g) Bad social environment. 

(h) War. 

(i) Unwise philanthropy. 

It is estimated that about one third of all cases apply* 
Ing for relief do so because of sickness; another Reiattva 
third because of labor problems; and probably 
one fifth owing to intemperance in the family. 

196 . General Methods of Poor Relief. The two gen¬ 
eral methods of granting public relief are: ( 1 ) outdoor 
relief, or that given to dependent persons in their outdoor 
homes; and ( 2 ) indoor or institutional relief. 

Outdoor relief is carried on by local governments, which 
often supply goods, or orders for goods, to persons unable 
to support themselves. The practical diflficulties in ad¬ 
ministering public outdoor relief are so great that many 
authorities believe that this plan should be discontinued 
except in rural districts.^ 

Indoor or institutional relief is afforded through the 
almshouse or poor-farm, the fundamental institution in 
our system of public charity. The almshouse is indoor 
generally a county institution except in New *^®^^®* 
England, where the care of the poor devolves upon the 
towns.* Municipal almshouses are maintained by the 
larger cities; while rural townships usually care for their 
paupers on poor-farms.^ 

197 . Care of Dependent Children. The degrading in¬ 
fluence of almshouse life upon children is now generally 

1 “ Nearly all the experiences in this country indicate that outdoor relief is a source of cor* 
ruption to politics, of expense to the community, and of degradation and increased pauper 
ization to the poor. ... In the new communities of the West it has seemed to be almost 
necessary; but it is always to be watched with care, to be kept at a minimum, and in largS 
tities to be definitely prohibited.” — Warner, A. G., American Charities, pp. 174-175. 

• New Hampshire forms an exception, having both county and town institutions. 

• In several commonwealths a group of smaller counties frequently unite in the mainten 
ance of a district or association almshouse. 


154 


GOVERNMENT AND POLITICS 


recognized,^ and in many commonwealths dependent 
children are cared for in children’s homes. Since institu¬ 
tional life at best is unnatural and unsatisfactory, this 
method is often supplemented or even entirely super¬ 
seded by the placing-out system, which aims to have de¬ 
pendent children adopted at an early age into private 
families. Practically all charitable workers agree that 
“the home is the natural place to properly develop the 
child”; and hence if supplemented by proper supervision, 
the placing-out plan is far superior to the institutional 
method. 

198 . Medical Charities. Medical assistance forms an¬ 

other important branch of public charity. Throughout the 
Infirmaries, United States it is customary to furnish advice 
ond’iis-*’ medicines to the destitute in their homes, 

pensaries for which purpose physicians are employed by the 
town or county authorities. More serious cases may be 
treated in the county infirmary (a general hospital con¬ 
nected with the almshouse); or in cities, at the municipal 
hospital. A prominent feature of city hospitals is the free 
dispensary, where advice and medicine may be secured 
without charge by those unable to pay. 

199 . Dealing with the Vagrant Poor. The best method 
of dealing with the homeless and wandering poor is a serious 
problem, largely because of the difficulty of distinguishing 
between the professional tramp and the honest but unfor¬ 
tunate seeker for employment. In most communities, both 
of these classes are treated in the same way, a common 
method being to get rid of them as promptly as possible 
by passing them along to a neighboring city, transporta¬ 
tion being frequently provided for this purpose. Sometimes 
such persons are arrested as vagrants and sent to the jail 
or workhouse; or again they may be given the relief asked 

* Dickens said: “Throw a child under a cart-horse’s feet and a loaded wagon sooner 
than take him to an almshouse.” — The keeping of normal children in almshouses is for¬ 
bidden in many States (for example, in Massachusetts, New York, Ohio, Indiana, and 
others). 


PUBLIC CHARITIES 


15;> 

for without any attempt to discriminate between the de¬ 
serving unfortunate and the shiftless vagabond.^ Each of 
these methods is bad; but as yet comparatively few com¬ 
munities have adopted a more scientific plan whereby each 
able-bodied applicant for relief is put to work in a wood 
or stone yard, pending a careful investigation of his case, 
followed by such action as the circumstances warrant. 

200 . Charity Organization Societies. In many of the 
larger cities, the various charitable organizations are united 
in a charity organization society ^ which is a central agency 
for securing cooperation among the different philanthropic 
agencies. The charity organization society aims to secure 
accurate knowledge concerning each applicant for aid, and 
then to bring each deserving case to the attention of the 
organization which can best deal with it.^ This plan avoids 
duplication of effort by different societies, and tends to pre¬ 
vent imposition by professional tramps and beggars. It 
makes possible the elimination of indiscriminate almsgiving, 
since the citizen may refer unknown applicants for relief 
to the charity organization society, whose special business 
is the investigation of such cases. Another important 
function of this organization is the collection and diffusion 
of accurate information concerning charities and their 
administration. 

201 . Care of Defective Classes. In earlier days the alms¬ 
house commonly cared for defectives, as well as gpedauzed 

for the dependent class; but at the present time state 
1 . . .11. 1 . 1 T 1 1 i* X Institutions 

defectives, including the insane, blind, deaf-mutes, 

and feeble-minded, are often cared for in special institutions 

maintained by the State.'* 

* “Giving without knowledge is, in its effects, like administering powerful medicines in 
the dark; and the effect of such impatient and impulsive payment for escape from impor¬ 
tunity is a direct bid for vagabondage.” — Henderson, C. R., Dependent, Defective, and 
Delinquent Classes, p, 89. 

* Other names are the Bureau of Charities, Associated Charities, and Society for Organiz ¬ 
ing Charities. 

* Thus the aim of the charity organization society is simply to act as a clearing-house foi 
its members; but in practice it gives much direct aid. 

* A few States have special institutions for the care of epileptics. 


156 


GOVERNMENT AND POLITICS 


The insane 


Until the early part of the nineteenth century, the insane 
were treated in a most inhuman manner. Largely through 
the efforts of Dorothea Dix, public sentiment 
in the United States was finally aroused on this 
subject, and gradually the policy has been adopted of treat¬ 
ing insanity as a disease, and caring for patients in State 
rather than in local institutions.^ In every commonwealth 
the commitment of persons supposed to be insane is care¬ 
fully regulated by statutes providing for publicity of pro¬ 
ceedings, and for expert medical testimony on the question 
of insanity. 

The blind, deaf and dumb, epileptics, and feeble-minded 
have also been made State wards in many commonwealths, 
other defect- receiving education and support at public ex- 
ivo classes pengg^ A single commonwealth sometimes main¬ 
tains a dozen different types of specialized charitable insti¬ 
tutions, in addition to those maintained by local govern¬ 
ments. 

202 . The Cost of Charities. The expenditure for char¬ 
ities and corrections is generally the largest single item of 
the State budget, often comprising from thirty to forty per 
cent of the entire expenditure of the commonwealth. If 
to this we add the amount expended by private charities, 
the total reaches a startling sum. Professor Bushnell es¬ 
timates that “the total number of public and private 
abnormal dependents in the United States must be not far 
from 3,000,000, who are maintained at an annual expense 
of nearly $200,000,000.”^ 


> The present tendency is to have the incurable insane cared for in county asylums (often 
connected with the almshouse), leaving the better care which the State can offer for the 
hopeful cases. This is the plan in Pennsylvania and Wisconsin. 

* Ilendersou, C. R., Modern Methods of Charity, pp. 385-390. 



BOSTON CITY HOSPITAL RELIEF STATION 



courtesy of the Tenement House Commission, Hew York) 


A TENEMENT HOUSE SECTION IN NEW YORK CITY 












































PUBLIC CHARITIES 


157 


GENERAL REFERENCES 

Addams, Jane, Philanthropy and Social Progress (1894). 

Alden, Percy, The Unemployed (1905). 

Bliss, W. D. P., and others, editors. Cyclopedia of Social Reform (1908); ar¬ 
ticles on Charity Organization Societies, Malthusianism, Pauperism, 
Poor-House, Poverty, Poor-Laws, Population, Single-Tax, Temper¬ 
ance, Unemployed. 

Davenport-Hill, Florence, Children of the State (1889). 

Devine, Edward T., The Practice of Charity (1904). 

- Principles of Relief (1904). 

Henderson, C. R., Modern Methods of Charity (1904). 

- Dependent, Defective, and Delinquent Classes (1906), pp. 1-209. 

Hobson, J. A., Problems of Poverty (1899). 

Hunter, Robert, Poverty (1904). 

Kellog, Charles D., History of Charity Organizations in the United State* 
(1893). 

Loch, C. S., Methods of Social Advance (1904). 

Paine, R. T., Pauperism in Great Cities (1893). 

Proceedings, National Conference of Charities and Corrections (1874-1B93). 
Riis, Jacob A., Children of the Poor (1892). 

United States Census, Special Report on Paupers in Almshouses (1906). 
United States Consular Reports, Vagrancy and Public Charities in Foreign 
Countries (1892). 

Warner, Amos G., American Charities (1894). 

Wright, Carroll D., Practical Sociology (1899), chs. xviii, xx. 


QUESTIONS AND EXERCISES 

1 . What provision is made in your State for the defective classes, the deaf, 
blind, insane, feeble-minded? 

2 . Is there a State board of charities in your commonwealth? Powers? 

3 . Make a list of the institutions and associations in your community for 
the care of the poor. Which of these are public and which private? 

4 . What local authority (town, municipal, or county) has charge of poor 
relief? What was the cost of poor relief in your community last year? 
What part of this sum was expended for outdoor relief? 

5. Where is your almshouse located? Is any attempt made to separate the 
different classes of inmates? Is it well managed? 

6 . How are the vagrant poor or tramps dealt with in your community? 

7 . If a street beggar should ask you for money, would you give him any? 
What are the arguments against promiscuous almsgiving? 

8 . Is there a charity organization society or association in your commun¬ 
ity? If so, prepare a paper describing its methods of work. 

9. How are dependent children cared for in your community? Is the plan 
a satisfactory one? 

10. Does your community employ physicians to care for those too poor to 
afford them? Is there a free dispensary in your community? 

11. Enumerate some of the principal causes of poverty. Ask local officials 
what causes are chiefly responsible for pauperism in your community. 




CHAPTER XV 


CONTROL OF ECONOMIC INTERESTS 


activities 
ol State 


203. Economic Functions of Government. An economic 
service or function is one which relates to the material 
welfare of society, affecting in some way the production, 
exchange, distribution, or consumption of wealth. Thus the 
economic functions of government are directed chiefly 
toward increasing the total amount of wealth produced, 
facilitating its exchange, or providing for its more equitable 
distribution among the various members of society. 

To accomplish these aims. State governments perform 
certain fundamental services without which material pro¬ 
gress would be impossible, — such as the main¬ 
tenance of order, and the protection of individual 
governments freedom, private property, and contract rights. 
These primary services fulfilled, other imperative needs 
arise: the land and other natural resources must be con¬ 
served; labor and capital must be protected and regulated 
in the public interest; agriculture and commerce are to be 
promoted. Hence the most important economic activities 
of State governments appertain chiefly to land, labor, and 
capital—the three great sources of wealth — and to com¬ 
merce, or the exchange of commodities. 

204. Lands. Nearly all of the States at some period in 
their history owned large tracts of land, most of which 
PttbUo has been sold to settlers at a nominal figure, or sac- 

rificed to obtain immediate funds for educational 
purposes, or given as bounties to canal and railroad com¬ 
panies. A few commonwealths, notably New York, still 
own considerable forests; several have important State 
reservations — such as Valley Forge in Pennsylvania, and 


CONTROL OF ECONOMIC INTERESTS 


159 


Niagara Falls in New York; while others retain lands for 
use in the operation of commercial or irrigation canals. 
Further, all States own the land occupied by their public 
buildings and institutions. 

Over private lands within its borders each common¬ 
wealth exercises jurisdiction by virtue of its police power. 
Such lands are subject to taxation, and also to privatd 
the exercise of the right of eminent domain; that 
is, appropriation for public purposes upon compensation to 
the owner. The State also has the right of escheat, that 
is, the right to take private lands in the case of persons who 
die leaving no lawful heirs. 

205 . Forests, Game, and Fish. Within recent years 
both the State and federal governments have realized the 
necessity of prompt action in order to prevent uxhauatioa 
entire destruction of the country’s forests. At the of timber 
present rate of cutting, the domestic timber sup- 
ply will soon be exhausted; and the destruction of the forests 
so affects the drainage of the earth as greatly to increase 
the danger of floods and freshets. 

An important step toward a policy of scientific forestry 
was taken by the federal government in 1905 when the na¬ 
tional forest reserves— in area nearly 100 , 000,000 soientuio 
acres—were transferred from the Interior De- 
partment to that of Agriculture. Recently, too, a number 
of the States, following the example of New York, have 
taken active measures looking toward the preservation of 
their forests. Nineteen commonwealths ^ now have oflBcers 
(usually called forest commissioners) charged with the 
care of forest interests. Local and State forestry associa¬ 
tions have been formed in twenty commonwealths, and in 
nearly all an Arbor Day is set aside each year to encourage 
the planting and care of trees. 

For the preservation of fish and game, laws have been 

^ These are California, Connecticut, Indiana, Kansas, Louisiana, Maine, Maryland, Mas¬ 
sachusetts, Michigan, Minnesota, New Hampshire, New Jersey, New York, North Carolina, 
North DakoU, Oregon, Pennsylvania, West Virginia, and Wisconsin. 


160 


GOVERNMENT AND POLITICS 


enacted providing for close seasons, that is, seasons within 
Pish and which fish or game cannot be taken or killed, 
game laws g^ch laws also generally restrict the manner of 
hunting certain game and of catching fish. The admin¬ 
istration of fish and game laws is ordinarily entrusted to one 
or more commissioners, who are aided in their work by a 
number of wardens. 

206. Agriculture and Agricultural Interests. For the 
general promotion of agricultural interests there is com- 

monly a department of agriculture in charge of a 
agricultural commissioner, or a State agricultural board. The 
duties of this department ordinarily include in¬ 
spection of live stock with a view of preventing contagious 
disease, administration of State laws relative to the sale of 
adulterated food and dairy products, holding of farmers* 
institutes and annual State fairs, recommendation of de¬ 
sirable legislation, and other miscellaneous duties. 

Education in scientific agriculture has been greatly 
aided by the establishment of agricultural and mechanical 
Agricultural Colleges, which in many commonwealths form 
©ducauon integral part of the State university. Agricul¬ 
tural experiment stations have also been established, which, 
like the State agricultural colleges, are subsidized by the 
federal government. 

207. Labor and Factory Laws. The adoption of regula¬ 
tions concerning the employment of labor and the condi- 
stato labor tions in factories constitutes another important 
bureaus economic function of State governments. In thirty- 
two commonwealths general supervision of labor interests 
is entrusted to a State labor bureau, at the head of which 
is a commissioner aided by several deputies. One of the 
most important duties of these bureaus is the collection 
of statistics bearing upon industrial education and the 
economic condition of the laboring class. ^ 

* A similar service is performed on a more extensive scale by the federal Department of 
Labor. 



{By courtesy of the Forest Service, Washington, D. C.) 


The complete destruction of a forest by fire. Port Townsend, Wash. The tree.o 
planted to replace those burned grow to the height of a man in about four years 
ilany years must elapse before a forest can be restored. 



Brush piles ready for burning, Bitter-Root National Forest,Mont. Scientific methods 

prevent forest fires. 































{By courtesy of the Review of Reviews Company) 


MINNESOTA AGRICULTURAL EXPERUNIENT STATION 

Crop nursery near St. Paul. Here new varieties of cereals are originated, and old 
ones improved. The small erect bundles of grain in the foreground are each of a 
distinct variety of wheat. These bundles have been carefully harvested and tied 
up with cloth to prevent loss of grain. An exact account is taken of the number 
of heads, weight of yield, etc., and seed from the best plants is saved for use the 
next year. 



THE DAIRY CAR OF THE “BETTER FARMING SPECIAL” 

Other cars are devoted to crops, forestry, etc. The train is equipped by the Boston 
and Albany Railroad with the cooperation of the Massachusetts Agricultural Col¬ 
lege. It is periodically sent through the agricultural districts and lectures are de¬ 
livered to audiences of farmers. 




















CONTROL OF ECONOMIC INTERESTS 


161 


Twenty-seven commonwealths provide factory inspect¬ 
ors, who visit and inspect factories, workshops, and mer¬ 
cantile establishments, and enforce the State objects of 
laws concerning them.^ Factory legislation has Jactory 
three principal objects: (1) The protection of 
the health of employees, by securing proper ventilation, 
heating, lighting, and good sanitary conditions generally. 
(2) The prevention of accidents, by requiring guards on 
dangerous machinery, elevators, and hoistways; also by 
requiring the inspection of boilers, and the construction of 
suitable exits and fire-escapes. (3) The regulation of the 
conditions of employment, especially in the case of women 
and children, by restricting the hours of labor, prescribing 
intervals of rest during the working-day, prohibiting night 
work, and fixing a minimum age limit for the employment 
of children — usually fourteen years.^ 

Many commonwealths have provided that eight hours 
shall constitute a day’s work for all laborers employed by 
the State or local governments. In private indus- Length of 
try the hours of labor have been generally re- 
duced from twelve or fourteen hours in the early part of the 
nineteenth century to eight or ten at the present time; 
and one of the principal aims of labor unions is to secure 
universal acceptance of the eight-hour day. 

To aid in the settlement of industrial disputes, seventeen 
States ^ have established boards of arbitration. These 
generally consist of three or five members ap- Boards of 
pointed by the governor, employers and employees 
being equally represented. When strikes or lock-outs oc¬ 
cur, it is the duty of these boards to investigate the situa¬ 
tion, and if possible to bring about an amicable settlement. 


* In fifteen States the duties of factory inspectors are combined with those of the bureau 
of labor statistics. 

* Social welfare imperatively demands the restriction of child labor, and in recent years 
much has been accomplished in this direction, largely owing to the activity of the General 
Federation of Women’s Clubs, and other organizations. In 1907, measures restricting the 
smployment of children were passed in twenty-eight States. 

s California, Colorado, Connecticut, Idaho, Illinois, Indiana, Louisiana, Massachusetts, 
Michigan, Minnesota, Montana, Missouri, New Jersey, New York, Ohio, Utah, Wisconsin 


162 


GOVERNMENT AND POLITICS 


They may also arbitrate the controversy, providing both 
parties consent. 

In many commonwealths free public employment oflSces 
puDUc maintained by State or local authority to aid 

employment the imemployed in finding work, and also as a 
means of checking the abuses of private employ¬ 
ment bureaus. 

208. Characteristics and Development of CorporationSo 
Capital is the third great agency in the production of wealth; 
Character- and perhaps the most important economic func- 
tion of State governments is exercised through the 
power to create and regulate corporations, the capitalistic 
organizations which control the greater part of the com¬ 
merce and manufactures of the country. A corporation 
may be defined as a legal person, distinct from the members 
who comprise it, having a special name, and the capacity 
of acting for various purposes as a single individual. The 
corporation is immortal in the legal sense that it can be 
made capable of indefinite duration; it may sue and be sued 
in its corporate name; it may acquire property, and — 
under certain limitations — borrow money; and finally, 
it has the power to elect officers and to adopt by-laws for 
the detailed regulation of its business. 

The private corporation is of ancient origin, but its re¬ 
markable development in the nineteenth century may be 
Develop- traced to the industrial revolution of the eight- 
eenth. That revolution was characterized by the 
change from hand to machine labor, from production on a 
small scale to the factory system. The partnership was at 
first employed as a means of obtaining the larger capital 
demanded by the new industrial methods, and this con¬ 
tinued the common form of business association until the 
middle of the nineteenth century. But even the partner¬ 
ship was inadequate for the colossal industrial develop¬ 
ment of the age of steam and electricity; and hence about 
the middle of the nineteenth century, the corporation came 
'uto general use for larger industrial enterprises 


CONTROL OF ECONOMIC INTERESTS 


163 


The stock of the corporation can be distributed among 
hundreds or thousands of members, thus accumulating 
amounts of capital impossible in the case of a 
partnership. Then, too, the shareholders of the 
corporation are not liable for corporation debts beyond the 
amount of their stock,^ whereas partners are jointly and sev¬ 
erally liable for firm debts to the full extent of their property. 
Furthermore, corporate liability cannot be created by the 
acts of individual members, but only by the directors or 
officers duly authorized; whereas each partner ordinarily 
has authority to bind the firm by his acts if within the scope 
of the partnership business. Finally, the partnership is 
ordinarily terminated by the death of one of its members, 
the contrary being true of the corporation. These and other 
advantages have given the corporation its dominating posi¬ 
tion in modern industrial life. 

209. Organization and Control of Corporations. In 
general, the powers, duties, and liabilities of the corpora¬ 
tion are determined by its charter, an instrument General and 
ordinarily granted by the State government under 
a general act, although a few commonwealths still permit 
the granting of charters by special acts.^ In the case of a 
private corporation the charter once granted is in the nature 
of a contract, and cannot afterwards be materially altered 
or annulled unless this right has been previously reserved.^ 
In the organization of private corporations a distinction 
is commonly made between those formed for profit and those 
not for profit. In most States, corporations for Method oi 
profit are organized under a general law applicable organization 
alike to all such corporations; but frequently the general 
law does not apply to certain classes of corporations, such 

* Except in a few States where shareholders are liable for an additional sum equal to the 
face value of their stock. 

* Congress may charter corporations for carrying on enterprises which come within the 
range of federal authority; for example, national banks and railways engaged in interstate 
commerce. 

* The right of the legislature to amend all corporation charters is now generally reserved 
either by statute or express constitutional provision. 


164 


GOVERNMENT AND POLITICS 


Control 


as banks, insurance companies, and railroads, which are 
chartered under laws specially adapted to each of these 
forms of industry. The general corporation laws ordinarily 
provide that persons who wish to form a corporation must 
apply to the secretary of state for a charter, which will be 
duly issued upon compliance with the legal requirements. 

Corporations are commonly required to make annual 
reports to the secretary of state, showing the amount of 
their capital stock, volume of business, and in¬ 
debtedness; and they must also submit to such 
other requirements and regulations as the legislature may 
from time to time deem necessary in the exercise of its 
police and taxing powers. 

210. Regulation of Banks, Insurance Companies, and 
Railroads. A considerable degree of State control is cus- 
Banking tomary in the case of banks, insurance companies, 
and railroads, since these corporations come into 
the closest relations with the people and vitally affect the 
public welfare. Banks are commonly organized under a 
general banking law, which in many States must be first 
submitted to the voters for approval. Such laws regulate 
in considerable detail the management of banks, with the 
object of protecting depositors and the public. 

Insurance companies are also subject to a considerable 
degree of supervision, frequently exercised by a State in- 
insurance surance commissioner. As in the case of banks, 
companies provision is ordinarily made for the examination 
of such companies, for annual reports showing in detail the 
business for the preceding year, and for the maintenance 
of a reserve fund bearing a certain ratio to the amount of 
insurance in force. 

As quasi-public corporations, railroads are subject to a 
Railway large degree of governmental supervision. Their 
regulation business which lies wholly within the boundaries 
of the commonwealth may be regulated by the State gov¬ 
ernment, interstate traffic being subject to federal control. 


CONTROL OF ECONOMIC INTERESTS 


165 


For their supervision two thirds of the commonwealths have 
established boards of railway commissioners, charged with 
the special duty of protecting the public and shippers. 
State railway legislation has sought especially to check com¬ 
binations of parallel or competing lines (the object of such 
combination being to destroy competition); and also to 
prevent discriminating rates in favor of certain shippers, 
unreasonable charges for services, and overcapitalization of 
roads with the consequent burden upon rates. The en¬ 
forcement of these restrictive measures has been entrusted 
to State railway commissions, which in some common¬ 
wealths even possess the power to fix maximum rates for 
carrying passengers and freight. ^ 

211. Industrial Combinations. The simplest form of 
combination among producers consists of “ friendly agree¬ 
ments ” designed to check competition by estab- Agreements 
lishing a uniform selling price, or by limiting the 
amount of the product. In times past these agreements 
were often violated, and soon a second and more formal plan 
of organization was developed, known as the “pool.” This 
was a formal agreement to maintain prices through a divi¬ 
sion of the territory, business, or earnings. For example, 
prior to the formation of the Whiskey Trust, agreements 
were usually made annually among the different distillers, 
fixing the amount which each should produce during the 
year. For many years pooling was common in the railway 
business, the traflSc or revenues being divided among the 
various roads according to certain fixed ratios. These agree¬ 
ments were not enforceable at law, since American courts 
have uniformly held pooling contracts to be in restraint of 
trade and against public policy; and the difficulty of enforc¬ 
ing such arrangements, together with the prohibition of 
railway pooling by the federal Interstate Commerce Act 
of 1887, ultimately led to the adoption of a new form of 
combination. 

» On the subject of federal control of railways, see Sections 468-469. 


166 


GOVERNMENT AND POLITICS 


This third form of combination is known as the trust. 
Originally trusts were formed by having competitive cor- 
The trust porations place their stock in the hands of a board 
of trustees, who were thus enabled to manage 
the business of the several corporations in such a way as 
to secure complete harmony of action. The original stock¬ 
holders in the corporation were given trust certificates in 
exchange for their stock, and dividends were paid on the 
basis of these certificates. The first trust organized in this 
form was the Standard Oil Trust (1882), later followed by 
the "Whiskey Trust, the Sugar Trust, and many others. 

The courts finally held the trust form of combination 
illegal, declaring that corporations had no power to surren- 
Chango der control of their stock to a board of trustees.^ 

Inform Further, most of the States as well as the federal 

government passed anti-trust laws. But the effect of judi¬ 
cial decisions, as well as of hostile legislation, was merely to 
cause a change in the form of combination. In some cases, 
as with the Whiskey and Sugar Trusts, a single immense 
corporation was formed which undertook to secure a monop¬ 
oly by buying out numerous smaller concerns. In other 
cases, as with the Standard Oil Company, those who di¬ 
rected its policy obtained a majority of the stock in several 
large corporations, harmony of action being insured by 
having the same men in control of the affairs of each sepa¬ 
rate corporation. 

At the present time the common form of combination 
is that of one great corporation owning many separate 
Capitalistic plants. The rapid formation of such combina- 
monopoues the last twenty years constitutes 

the most striking fact in the economic world. Since their 
formation is largely due to the influence of modern capital¬ 
istic production, these combinations are usually called 
capitalistic monopolies. 

The chief advantages claimed for the great industrial 

* State of New York v. The North River Sugar Refining Co., 121 N. Y. 682. 


CONTROL OF ECONOMIC INTERESTS 


167 


combinations are that they avoid the wastes of excessive 
competition, and secure the economies of large- Advantages 
scale production. The principal objections urged 
against them are that they crush out competition, often by 
unfair methods, and secure a monopoly control which en¬ 
ables them to charge monopoly prices. Another objection 
is that their capital is often excessive, thus necessitating 
high prices to the consumer in order that dividends may be 
paid upon watered stock. Widely divergent views are held 
as to the course which government should take concerning 
capitalistic monopolies. Many persons favor radical action 
which will entirely destroy them; while others believe that 
trusts should be so regulated by law that their good features 
may be retained, and their evil practices abolished. It is 
generally conceded that effective action in this direction is 
only possible through the agency of the federal government, 
which has power to regulate all corporations engaged in 
foreign or interstate commerce. ^ 

212. Transportation—Roads and Bridges. Since in 
modern times commerce is essentially a matter of Road-buiid- 
transportation, the construction and maintenance Sainte- 
of roads and bridges is one of the most impor- 
tant functions exercised under State authority.^ Super¬ 
vision of road construction is commonly entrusted to lo¬ 
cally elected county or township commissioners. The 
township commissioners ordinarily have authority to di¬ 
vide the township into several road districts, in each of 
which an overseer is chosen who acts under the authority 
of the township officers. It is the duty of the commissioners 
to keep in repair the existing roads and bridges, and to con¬ 
struct new ones upon the petition of a certain number of 
freeholders. Under the power of eminent domain, private 

» See Section 470. 

* The only important road ever constructed by the federal government was the National 
or Cumberland Road, commenced in 1807, at Cumberland, Maryland, and finally ex¬ 
tended westward to Vandalia, Illinois, a distance of about eight hundred miles. This road 
was well constructed and played a most important part in the settlement of the West. It hag 
»ong since been turned over to the States through which it passes. 


168 


GOVERNMENT AND POLITICS 


property may be appropriated for such construction upon 
making proper compensation to the owner. A part of the 
cost of construction is commonly assessed upon the abut¬ 
ting land-owners, the remainder being paid out of the local 
treasury. The cost of maintenance is commonly borne in 
the same way; and many States still permit the road-tax to 
be paid by a certain number of days’ labor on the road — 
a policy scarcely conducive to expert construction. 

The inferior results of local road-making have led a 
number of commonwealths to cooperate in this work by 
State creating the office of State commissioner, charged 
supervision general supervision of road construction 

throughout the commonwealth. It is the duty of the com¬ 
missioner to pass upon applications from local commis¬ 
sioners for new roads, also to furnish plans and award con¬ 
tracts, the cost being apportioned between the State and 
the local district. 

Outside of the cities the construction of bridges is gen¬ 
erally left to the county commissioners, subject to the 
Bridges requirement of the federal government that no 
bridge shall be built across a navigable stream 
unless its construction is first approved by the Secretary of 
V^ar. 

213. Canals and River Navigation. Nearly all the canals 
in the country have been constructed by the State govern- 
Canai con- ments, or by companies chartered by them. The 
strucuon period of canal construction dates from 1825 
(when the Erie Canal was completed) to about 1840, at 
which time attention was diverted to railroad building. 
The construction of canals contributed greatly to the early 
development of the commonwealths in which they were 
located, and for some time their competition served as a 
check upon railroad rates; but with few exceptions they 
have now been abandoned, the railway having proven too 
formidable a competitor. ^ 

» Since 1850 the only new canals of importance are the Illinois and Mississippi, and the 
Chicago Sanitary and Ship Canal; but large sums have been spent in improving the Erie 



THE SAULT STE. MARIE SHIP CAXAL 



{By courte»y of the Commissioner of Bridges, New York 


THE QUEENSBOROUGH BRIDGE, NEW YORK 























THE SAULT STE. MARIE SHIP CANAL 


This canal connects the waters of Lake Superior with those of St. 
Mary’s River and Lake Huron, around the falls in the river. It is 
about three miles in length, and has two locks, the larger of which is 800 
feet long and 100 feet wide. The depth of water throughout the canal 
is sufficient to allow the passage of vessels drawing 21 feet (or of 
about 12,000 tons displacement). The railway bridge, a portion of 
which is shown in the distance, is one mile long and connects the 
Northern Pacific and the Canadian Pacific Railroads, by the Sault, or 
“ Soo” branch line. 

THE QUEENSBOROUGH BRIDGE, NEW YORK 

Connecting Manhattan Borough and Queen’s Borough, Long Island. 
The Bridge was opened to the public March 30, 1909. The cost of 
construction was $12,600,000 ; property acquired for approaches, etc., 
cost $4,400,000, The bridge is of the cantilever type, and consists of 
two spans over the branches of the East River of 1182 and 984 feet, 
one over Blackwell’s Island of 630 feet and two anchor arms, 469 
and 459 feet respectively. Only four bridges in existence — the 
cantilever bridge over the Firth of Forth, Scotland, and three sus¬ 
pension bridges (the Brooklyn, the Williamsburg, and the Manhattan, 
all in New York)—are of greater span than the longest span of 
this bridge. The length of the Manhattan approach is 1052 feet, and 
of the Queens, 2673, so that the total length of the bridge and its 
approaches is 7449 feet. The outside width is 894 feet. The bridge 
has on the upper floor two foot walks and provision for two elevated 
railway tracks. On the lower floor between the trusses there is a road¬ 
way 53 feet wide, upon which are two surface railway tracks, one 
track on each side of the roadway; and outside of the trusses are two 
other surface railway tracks. The elevated and surface railways have 
a combined capacity of 120,000 passengers per hour in one direction 
The clear height of the bridge above mean high water over the chan¬ 
nels in the river is 135 feet. The elevation of the top of the flag poles 
on the towers on Blackwell’s Island (in the foreground in the photo¬ 
graph) is 406 feet. 


CONTROL OF ECONOMIC INTERESTS 


169 


General supervision of canals is ordinarily exercised by 

the State board of public works, or canal board. The 

executive oflBcer in direct charge of the system „ . 

. , . , » , ,. t , Supervision 

IS the superintendent of public works or the 

State engineer. This officer with his assistants looks after 
necessary repairs, enforces the rules of navigation, and 
investigates improvement projects. 

River navigation is also generally subject to State super¬ 
vision under police regulations designed to safe- River 
guard the public. Enforcement of these regula- 
tions is sometimes entrusted to the State superintendent 
of public works. 

214 . Weights and Measures. Commerce is greatly 
aided by the use of accurate and uniform standards of 
value and of weights and measures. The estab- state 
lishment and regulation of the standard of value 

is an exclusive function of the federal government. While 
Congress may likewise exercise exclusive authority over 
the subject of weights and measures, it has not as yet 
done so, and hence the establishment of these standards 
is a State function. In 1836 Congress instructed the Secre¬ 
tary of the Treasury to deliver to the governors of the 
respective States complete sets of the standards of weights 
and measures used in the federal custom-house, thus mak¬ 
ing possible a uniform system. The State standards are 
generally in the custody of a State sealer or superintendent 
of weights and measures. From this officer copies may be 
obtained for the use of the county sealers, who in turn fur¬ 
nish copies for the use of local officials. 

215 . Trade-marks. In order to encourage the produc¬ 
tion of a high quality of goods and to protect manufac¬ 
turers against dishonest competition, the State governments 


Canal. In all there are forty-two hundred miles of canals in the United States, located in 
New York, Pennsylvania, Ohio, Virginia, New Jersey, Delaware. Maryland, Indiana, Illi¬ 
nois, and Michigan; but many of these have fallen into disuse. Besides those mentioned, the 
other principal canals are the Illinois and Michigan, the Chesapeake and Ohio, the Wabash 
and Erie, and the Sault Sainte Marie. 


170 


GOVERNMENT AND POLITICS 


grant proprietary rights in the use of private brands, 
Purpose Is^bels, and trade-marks. When such brands or 
marks are regularly advertised by one manu¬ 
facturer, they cannot be legally used by another, and thus 
both the manufacturer and the consumer are protected. 

GENERAL REFERENCES 

Alexander, William, The Life Insurance Company (1905). 

Beard, C. A., American Government and Politics (1910), pp. 721-742. 

- Readings in American Government and Politics (1910), ch. xxxii. 

Blackmar, F. W., Economics for High Schools (1907), chs. xiii-xv, xxix, 

XXXI. 

Bullock, C. J., Introduction to the Study of Economics (1900), chs. xi, xiv, 

XVI. 

Collier, W. M., The Trusts (1900). 

Ely, R. T., Monopolies and Trusts (1900). 

Farrer, T. H., The State in Its Relation to Trade (1902). 

Fiske, A. K., The Modern Bank (1909.) 

Hadley, A. T., Railroad Transportation (1903), ch. vi. 

Hart, A. B., Actual Government (1903), chs. xviii, xxvi-xxvii. 

Hobson, J. A., T'he Evolution of Modern Capitalism (1894). 

Holmes, G. K., “State Control of Corporations” (1890), Political Science 
Quarterly, v, pp. 411-437. 

Interstate Commerce Commission, Railways in the United States in 1902, 
part IV (State Regulation of Railways). 

Jenks, J. W., The Trust Problem (1909). 

Jevons, Wm. S., The State in Relation to Labor (1894). 

Johnson, Emory R., American Railway Transportation (1909), chs. vi, 
xv-xviii, xxv, xxvii. 

- Ocean and Inland Water Transportation (1909), chs. xxiv-xxix. 

McVey, Frank L., Modern Industrialism (1908). 

Meyer, B. H., Railway Legislation in the United States (1903). 

Ripley, W. Z., Trusts, Pools, and Combinations (1905). 

Wright, C. D., Practical Sociology (1899), part v. 

QUESTIONS AND EXERCISES 

1. Prepare a report on the policy of your State in disposing of its public 
lands. 

2 . What public lands are now owned by your State? Have any steps been 
taken toward forest preservation? 

3. Explain the object of fish and game laws. Who enforces these meas¬ 
ures in your commonwealth? 

4. Is your State department of agriculture in charge of a commissioner or 
board? Examine the last report of this department, and write a short 
paper upon its work. 

5. Who is at the head of your State labor bureau? Examine the report of 
this department and explain the functions performed. 

C. Prepare a report upon the factory legislation in force in your State, pay* 




CONTROL OF ECONOMIC INTERESTS 171 

ing especial attention to the restrictions upon the labor of women and 
children. 

7. Is there a State board of arbitration in your commonwealth? How 
is it composed? Has it been successful in settling industrial disputes? 

8 . What strikes occurred in your State last year? What percentage of 
these were successful? (See report of Bureau of Labor.) 

9. Prepare a report upon the use of the injunction in connection with labor 
disputes. 

10 . What is the average daily wage of workmen in your State? Is this aver¬ 
age increasing or decreasing? 

11 . What are the common hours of labor in the various industries in your 
State? What are the chief arguments in favor of an eight-hour day as 
compared with one of ten or twelve hours? 

12 . Is there a free public employment office in your community? What 
work does it perform? 

13. How are private corporations chartered in your commonwealth? May 
the legislature modify the charter? 

14. Prepare a report on the Dartmouth College case (4 Wheat. 518; 
Thayer’s Cases, ii, 1564). 

15. What annual reports are required from corporations in your State? Is 
there an annual tax upon capital stock or earnings? 

16. (a) Prepare a report outlining the principal measures adopted by your 
State government for the regulation of banks, (b) A similar report con¬ 
cerning insurance companies, (c) A similar report concerning railway 
regulation in your State. 

17. What is a trust? Outline the law of your State concerning trusts. 

18. Prepare a report showing (a) the wastes of excessive competition, and 
(b) the advantages of large-scale production. (Jenks, J. W., The Trust 
Problem.) 

19. Explain how the division of powers between the federal and State 
governments has made State control of railways and trusts largely 
ineffectual. 

20 . Name several partnerships in your community; several corporations. 
Name five of the largest industrial combinations (commonly called 
trusts) in the United States. 

21 . Who has charge of road-making in your commonwealth? Does the 
State supervise road construction or bear part of the cost? 

22 . Are there any canals in your State? What officers have charge of them? 
When were they constructed? What was the cost of maintenance last 
year? 

23. What regulations have been adopted by your State government con¬ 
cerning river navigation? Who enforces these regulations? 

24. Give the provisions of your State law concerning (a) weights and meas¬ 
ures; (b) trade-marks. 


CHAPTER XVI 


PUBLIC EDUCATION 

216 . Early and Modern Education. Between early and 
modern systems of education two striking differences 
appear. From the first century a.d. down to the very be¬ 
ginning of the nineteenth century, education was almost 
universally controlled by the church, and was confined to 
the wealthier classes; while to-day education is generally 
recognized as a function of the State, and its benefits are 
freely offered to all children, the expense being borne by 
the community. Nowhere has this modern conception of 
free public education been more fully realized than in the 
United States. 

217 . State Control of Education. During our colonial 

history, schools and colleges were fostered by the individual 
Educational colonies, and hence upon the adoption of the fed- 
systems constitution, control of public instruction was 

one of the fimctions retained by the State governments. 
It will be seen later that the federal government has aided 
the cause of education in a substantial manner; but the 
actual control and maintenance of the public schools is 
a State, not a federal, function. State educational systems 
vary widely in character, but generally include: ( 1 ) a sys¬ 
tem of elementary or common schools; ( 2 ) a system of 
secondary or high schools; and (3), in nearly all of the 
commonwealths, a State university. 

218 . Elementary or Common Schools. Elementary or 
common schools are found in every section of the United 
arados States, however sparsely inhabited. Elementary 

education ordinarily includes the first eight 
grades of the course of study, occupying the child from 


PUBLIC EDUCATION 


173 


the sixth to the fourteenth year. This period is frequently 
subdivided into the primary department, comprising the 
first four grades; the intermediate department, including 
the fifth and sixth grades; and the grammar department, or 
seventh and eighth grades. Where elementary schools are 
fully graded, there is generally a separate room for each 
of the eight grades, promotions from one room to another 
being an annual or semi-annual event. 

The course of study in the elementary schools ordinarily 
includes reading, writing, arithmetic, spelling, language, 
grammar, geography, and history; and in progres- oours# 
sive school systems, instruction is also provided in 
natural science, drawing, vocal music, physical culture, 
and manual training. 

Public interest in educational affairs has usually centered 
upon the elementary schools, owing to the fact that nearly 
ninety per cent of the entire number of pupils Advantages 
are enrolled in the first eight grades. As train- 
ing schools for the duties of citizenship our com- training 
mon schools are probably unequaled by those of any other 
country. Two of the great advantages justly claimed for 
the American public-school system are: first, the develop¬ 
ment of individual character by massing children from all 
walks of life in common association, thereby compelling 
each child to take the rough-and-tumble of life in competi¬ 
tion with every other; and second, the Americanizing in¬ 
fluence upon foreigners whose children in the public schools 
learn our language and the principles of American institu¬ 
tions, thus making less diifficult the problem of assimila¬ 
tion. 

At the present time there are enrolled in the common 
schools of the United States over 23,000,000 pupils, or about 
twenty per cent of the total population. Within Educational 
the last thirty years the number of schoolhouses P”*^®** 
as well as the revenues for school purposes have more than 
doubled; the number of days attended by pupils has in- 


174 


GOVERNMENT AND POLITICS 


creased one fourth; while the percentage of ilhterates has 
decreased from seventeen per cent in 1880 to about ten per 
cent at the present time. 

219 . High School or Secondary Education. Secondary 
education (comprising the ninth, tenth, eleventh, and 
Origin and twelfth years of the course of instruction) is car- 
increaseoi ried on chiefly in public high schools, which in 
high schools pj.gsent form are a product of the nineteenth 
century.^ Previous to 1850, only eighteen public high 
schools had been established in the United States. Since 
1850, public high schools have multiplied rapidly, until at 
present the total number of such institutions is about 
14,000, with 2 , 000,000 students. Several States, including 
Massachusetts, Maryland, Minnesota, and California, re¬ 
quire each township to maintain a free public high school. 
Elsewhere the establishment of these institutions is left to 
the discretion of the local school districts, although the 
constitutions of at least half the commonwealths mention 
high schools as special subjects of legislative and general 
interest. 

The high-school course ordinarily comprises four years, 
following eight years of work in the elementary school, 
otaracter- C)r if the junior high school plan of organization 
istica prevails, the senior high school includes the tenth, 
eleventh, and twelfth grades. Most public high schools 
receive and educate both sexes in the same classrooms 
and under the same teachers, although a few cities provide 
separate high schools for each sex. 

The modern high school is sometimes called the “ people’s 
college,” and in range of studies and thoroughness of work, 
Subjects oi good high schools of to-day doubtless surpass 
instruoUon colleges of fifty years ago. The best 

high schools now serve the double fmiction of fitting stu¬ 
dents for the everyday duties of life, and of preparing their 

* In the earlier colonial period, secondary instruction was given in what were calle4 
grammar schools, later superseded by the academies. As secondary schools the academies 
have in turn been largely supplanted by the public high schools. 



HOSrON Pl^HLIC LIBRARY 

There are 28 Branch labrnries and Reading Rooms. The Library {jives free lecture 
courses with special regard to tbe aesthetic develonment of cities, and'cooperates 
with the collegres in their TTniversity Extension Courses, and with the schools, loan- 
ine: pictures, as well as books, to teachers for use in their work. 



{By courtesy of the Superintendent oj Schools, Pittsburgh) 


THE SCHENLEY HIGH SCHOOL, PITTSBURGH, PA. 










































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PUBLIC EDUCATION 


175 


graduates to meet university entrance requirements. To 
accomplish this, most schools offer several courses of study 
from which the student may choose the one which he 
wishes to follow, such as the classical course, the modern lan¬ 
guage course, the scientific, commercial, or manual-training 
course. Within recent years the high-school curriculum has 
been greatly broadened through the introduction of manual 
training and commercial subjects, largely owing to the de¬ 
mand that the secondary schools afford a practical training 
for life. Many municipalities have expended large sums 
for separate manual training and commercial high schools, 
while in other cities these subjects are included among the 
many departments of a “ cosmopolitan ” high school. 

220. Colleges and Universities. The 563 colleges and 
universities of the United States may be grouped into three 
classes. ( 1 ) Non-sectarian institutions chartered 

by the State governments as private corpora¬ 
tions, such as Harvard, Cornell, and Leland Stanford. 

( 2 ) Denominational institutions likewise chartered as pri¬ 
vate corporations, but which are under ecclesiastical control 
or supervision, as Georgetown and Wesleyan universities. 

( 3 ) Universities and colleges established by the State gov¬ 
ernments as public institutions and directly subject to 
State control, as the State universities of Michigan, Wis¬ 
consin, and California. The foremost colleges and univer¬ 
sities of the country are included in the first or third classes, 
being non-sectarian in character; but in numbers the insti¬ 
tutions under church control are in the majority. 

221. The State University. In the earlier period of our 
history, nearly aU the institutions of higher education were 
chartered as private corporations, although often 
receiving aid from the State in the form of land 

or money, or exemption from taxation. With the growth 
of the democratic spirit of the nineteenth century, con¬ 
siderable opposition was manifested toward granting pub¬ 
lic aid to institutions which were subject not to public 


176 


GOVERNMENT AND POLITICS 


control, but to that of some denomination or sect; and the 
belief that the State should control higher as well as ele¬ 
mentary education led to the establishment of the State 
universities. In this movement the Southern States took 
the lead, their example being soon afterwards followed by 
Indiana (1820), and Michigan (1837). East of the Alle- 
ghanies the private institutions had become so firmly 
established as to leave no place for State universities; ^ but 
“ the establishment of State universities in the West and 
South came as a matter of course, and has kept pace with 
the stars on the flag.” ^ 

The twenty-seven States formed out of the public lands 
received from the federal government a donation generally 
Federal aid consisting of two complete townships (seventy- 
two square miles of land) for the support of 
higher education. Again in 1862 the State universities re¬ 
ceived substantial federal aid through the enactment by 
Congress of the Morrill Act granting to each State in the 
Union, and to each State afterwards admitted, 30,000 acres 
of land for each Representative and Senator in Congress. 
The income of the funds arising from the sale of this land 
was to form a permanent endowment for the support of 
higher institutions of learning in which technical and agri¬ 
cultural branches should be taught. Among the State uni¬ 
versities owing their origin to the Morrill Act are those of 
California, Illinois, Maine, Minnesota, Nebraska, Nevada, 
West Virginia, and Wyoming. By acts passed in 1890 and 
in 1907, the federal government gave further aid to agri¬ 
cultural and mechanical education by granting an annual 
appropriation (now $75,000) to each State maintaining an 
institution of this character. 

In all, forty commonwealths now maintain State universi-r 
Character- ties, and these enroll about one third of the en 
tire number of university students. Six of the ten 
largest universities of the country are State institutions. AJ 

* Maine, Vermont, and Virginia have State universities. 

* Dexter, E. G., History of Education in the United States, p. 28^,. 


PUBLIC EDUCATION 


177 


are co-educational, and in all tuition is practically free to 
residents of the State. The income is derived in part from 
the proceeds of the federal land grants, but chiefly from the 
“ mill tax,” or general appropriation authorized by the 
State legislature. The State university is commonly organ¬ 
ized into a number of colleges, as the college of arts, agri¬ 
culture, engineering, law, medicine, veterinary medicine, 
and pharmacy. The control is vested in a board of trustees 
or regents, who elect a president as the executive head of 
the institution, and upon his recommendation choose the 
professors and instructors. 

State universities are commonly in organic relation with 
the high schools of the commonwealth, and by the accredit¬ 
ing system graduates of approved high schools pass directly 
into the universities without taking entrance Relation to 
examinations. Thus the State universities crown *^**‘*®*‘®oi® 
the educational system provided by the State; and the fact 
that they are supported by the resources of the State, to¬ 
gether w'ith the broad policy which has characterized their 
administration, apparently assures them a position of in¬ 
creasing influence among institutions of higher learning. 

222. Administration of Public Schools. The organiza¬ 
tion of the common-school system varies widely among the 
different States, and often there is great diversity even in 
different parts of the same State. This is owing to the fact 
that in its origin school administration was exceedingly 
local in character, and only gradually is it becoming uni¬ 
fied through the exercise of State authority. The organiza¬ 
tion and control of the public schools is generally a function 
either of the school district, the township, the city, or the 
county. Accordingly there are four distinct types of school 
administration: the district, township, city, and county 
systems. Administration of the schools by each of these 
local areas is at all times subject to modification and con¬ 
trol by the paramount authority of the State government. 

223 . The District System. The district system had its 


178 


GOVERNMENT AND POLITICS 


origin in colonial New England, where each little settle- 

„ , , , ment formed a natural nucleus for school adminis- 

Orlgln and ^ • j j 

character- tration. As the population moved westward, the 
^*^^*’* same district system was created, and in some 
form still prevails in the great majority of the States. The 
district is the smallest unit of school administration, and is 
the most democratic feature of our political organization. 
In the South it is usually a subdivision of the county; else¬ 
where of the town or township. Generally the voters within 
the district elect the school trustees and levy the school tax, 
although in some States these functions are performed by 
the county. The great merit of the district system in the 
early period of our history was that it brought the public 
schools easily within the reach of all; but under present 
conditions this system is often wasteful and inejfficient, 
owing to the small size of the administrative unit. The 
present tendency is to replace the district by a larger unit 
of organization, such as the township.^ 

224 The Township System. Under the township system 
all schools within the boundaries of the township are placed 
Characteris- Under the control of a single board chosen by the 
uc features yoters. By this plan there are fewer schools, but 
these are better graded and equipped; and with the expend¬ 
iture of less money better salaries can be paid, and better 
teachers secured. In six commonwealths the plan of town¬ 
ship organization has been made compulsory, while in at 
least twenty others ^ there is permissive legislation providing 
for this or some similar form of centralization. 

The township system tends to create two distinct classes 
Typos of of schools: first, centralized rural schools con- 
schoois veniently located throughout the township, gen¬ 
erally graded to a certain extent, and having two or more 


^ In Maine, New Hampshire, Vermont, Massachusetts, New Jersey, and Indiana, the 
district plan has been entirely superseded by the township system. 

> Connecticut, Florida, Georgia, Illinois, Iowa, Kansas, Louisiana, Michigan, Minne¬ 
sota, Missouri, Nebraska, Ohio, New York, North Carolina, the Dakotas, Pennsylvania 
Rhode Island, Tennessee, and Wisconsin. 



A modern township school-building as provided under the “ centralization plan." 



Pupils of the primary and grammar grades as they go to school in Gustavus Town¬ 
ship, Trumbull County, Ohio. A stage is required to stop at each child’s home; 
and if the pupil is not ready to go to school he is marked " tardy.” 



Typical schoolhouse in irrigated district near Billings, Mont. Schools are among 
the first buildings erected on newly opened lands. They are so distributed that ne 
child is out of reach. The sheds at the left are for the pupils’ ponies. 




























iBy courtesy of the Superintendent of Public Schools, New York City) 

PUBLIC SCHOOL 165, NEW YORK CITY 



iBy courtesy of the Superintendent of Schools, Philadelphia) 

THE GROVER CLEVELAND SCHOOL, PHILADELPHIA 

TYPES OF MODERN CITY SCHOOLS 


































PUBLIC EDUCATION 


179 


teachers; and second, township or union high schools, which 
constitute practically the only means of furnishing second¬ 
ary education to the children in rural communities. 

This centralization of rural schools gives rise to the 
problem of free transportation of pupils. With but Transporta- 
three or four schools for the entire township, con- tion oi 
siderable distances must be traveled by many of 
the pupils; and this has led many commonwealths to pro¬ 
vide free transportation of pupils. 

225. City School Systems. Cities commonly have a 
system of schools separate from that of the township and 
county in which they are situated. In other words, organizaUon 
the city itself ordinarily constitutes a special 

school district under general provisions of the school law 
relating to municipalities, or under special charters granted 
by the legislature. Great diversity prevails in the organiza¬ 
tion of schools in the various cities: but universally the ad¬ 
ministration is entrusted to a board of education (generally 
chosen by the voters), and a superintendent of schools who 
is the executive officer of the board. In organization, 
equipment, and supervision, city schools constitute the 
most highly developed type of our educational system.^ 

226. The County System. Throughout the South, the 
county serves as the basis of school administration. In 
some States, as in Georgia and Maryland, the A dnUTii atm. 
county itself constitutes a single school district; tion in the 
in other commonwealths it is generally subdivided 

for school administration, the smaller divisions being sub¬ 
ject to county authority. Accordingly, county officials 
build schoolhouses, appoint teachers, and levy school taxes 
— functions which throughout the greater part of the Union 
are vested in district or township school boards.^ 

For the supervision of rural schools, most States outside 

' See Section 79. 

* Ten States, all Southern, except Utah, have the county system. These are Alabama, 
Florida, Georgia, Louisiana, Mississippi, Maryland, North Carolina, Tennessee, South 
Carolina, and Utah. 


180 


GOVERNMENT AND POLITICS 


of New England have created the office of county super- 
Oounty intendent or school commissioner. County super- 
•npervision intendents are generally elected by popular vote, 
although in some commonwealths the office is an appoint¬ 
ive one. 

227. State Administration of Schools. State control of 
education is exercised in two ways: (1) through legislation, 
Means of by general school laws for the entire State, or by 
control special laws applying to certain localities; and 

(2) through State administrative officers, who exercise 
certain supervisory powers over the public schools. 

Each commonwealth has an officer, generally known as 
the State superintendent of public instruction,^ who nom- 
suto super- inally is the head of the public-school system of 
intendont State. In a few commonwealths, as in New 

York and Pennsylvania, this officer has important powers, 
so that he may be regarded as the actual head of the State 
school system. But in most commonwealths his powers are 
limited to investigation and admonition, while in several 
he is little more than a clerk charged with the collection 
and publication of educational statistics. The State super¬ 
intendent is elected by popular vote in thirty-five com¬ 
monwealths, and this fact has tended to make the office 
political in character, rather than professional. In thirteen 
other commonwealths the State superintendent is ap¬ 
pointed either by the governor, the general assembly, or 
by the State board of education.^ The common term is 
either two or four years. 

About three fourths of the commonwealths have State 
boards of education, with powers which vary as widely 
Stats boAidi as those of the several State superintendents, 
of education York, Massachusetts, and Connecticut, 

the State board has large powers ; elsewhere its duties are 

* Also called the superintendent or commissioner of common or public schools. 

> By the governor in Maine, Minnesota, New Hampshire, New Jersey, Ohio, Penn¬ 
sylvania, Tennessee ; by the general assembly in Vermont and Virginia; and by the State 
board of education in Rhode Island, Connecticut, Massachusetts, and New YorL 


PUBLIC EDUCATION 181 

confined chiefly to the examination and certification of 
teachers. 

228. Text-Books. The adoption of suitable text-books is 
one of the most important matters connected with school 
administration. In about half of the States uni- 

form text-books are used throughout the common¬ 
wealth, these being chosen either by the State boards of 
education, or by special text-book commissions. In several 
others, county uniformity prevails; while in the remainder, 
the local boards ordinarily select the books to be used in 
each school district. 

In practically all the States, text-books are provided free 
to indigent children. In eleven States they must be fur¬ 
nished free to all pupils, while in fourteen others Free te*t- 
they may be so furnished at the option of the local 
board of education, or upon authorization by a local popu¬ 
lar vote. 

229. Emplojrment and Certification of Teachers. The 
employment of teachers is a function of the local school 
boards, although the superintendent often has the power 
to appoint teachers subject to the board’s confirmation. A 
license or certificate is universally required before one is 
eligible to teach in the public schools. In New England 
certificates are granted by the school committees of the 
town; elsewhere they are granted by county or city exam¬ 
ining boards, or by the county superintendent. The qualifi¬ 
cations required of teachers are being made continually 
higher, the tendency being to demand at least a normal- 
school training for elementary teachers, and a thorough 
college course, including professional training, for those 
employed in secondary schools. 

230. Compulsory Education. About three fourths of the 
States have compulsory education laws, which ordinarily 
require children from eight to fourteen years of object 
age to attend school a certain number of weeks *“‘^***®®* 
each year. The penalty imposed on parents for neglect of 


182 


GOVERNMENT AND POLITICS 


these statutes is a fine ranging from five to fifty dollars. 
The object of compulsory education laws is to protect the 
State from ignorance and illiteracy by assuring each child 
at least the elements of an education. That such laws 
are fairly effective is shown by the fact that seventy per 
cent of the total school population (five to eighteen years) 
is enrolled in the public schools. In cities the enforcement 
of compulsory educational laws is commonly entrusted to 
truant officers employed by boards of education. 

231. School Revenues. The total annual expenditure on 
common schools in the United States is about $ 900 , 000 , 000 . 
„ This revenue is derived from four sources: first, 

local taxation, which yields 74 per cent of the 
total; second. State taxation, which furnishes 16 per cent; 
third, miscellaneous sources, about 7 per cent; and fourth, 
the income from permanent funds and endowments, which 
yields about 3 per cent. 



Local taxation is thus the principal source of school reve¬ 
nue throughout the Union. The amoimt of this local tax is 
Local generally voted by the legislative authority of the 
taxation county or township, or by the district board of 
education. Frequently State laws fix the minimum and 
maximum amounts to be raised, leaving to local authorities 
discretion within these limits. 

The amount raised by State taxation varies greatly in the 
different commonwealths. Some levy no State tax whatever 
for this purpose, while in others State taxes are relied on to 







PUBLIC EDUCATION 183 

raise three fourths of the school revenues. The amount 
raised by State taxation is largest in the South state 
and the Far West, while elsewhere local taxes are 
chiefly relied on. State taxation is especially advantageous 
to the poorer sections of the commonwealth, where lack of 
such revenue would result in schools of low grade. 

Miscellaneous sources consist of revenues from fines, 
licenses, penalties, and special taxes, which in some States 
are devoted to the support of the schools. The permanent 
funds available for the support of public schools are derived 
chiefly from the public-land endowment granted by the 
federal government. 

232. Federal Aid to Public Education. By the famous 

land ordinance of 1785, the federal government provided 

for the reservation of section sixteen in each town- _ ^ 

Land grants 

ship for the maintenance of the public schools. 

Beginning with Ohio in 1802, each of the public-land States 
accordingly received section sixteen in every township; 
while each commonwealth admitted after 1848 received 
two sections. ^ Title to these lands was vested in the State 
legislature in trust for the purpose named, and the proceeds 
arising from their sale was to constitute a permanent en¬ 
dowment fund, the interest to be applied to the support of 
the public schools. The entire amoimt turned over to the 
States was 67,893,918 acres, which, at the traditional price 
of $1.25 per acre, gave a perpetual endowment of nearly 
$85,000,000. This fund has since been increased in various 
ways. The revenue accruing from its permanent school fund 
is commonly apportioned by each State among the various 
counties, on the basis of the number of children of school 
age in each county. 

In February, 1917, Congress passed an important measure 
known as the Smith-Hughes Act, which pro- TheSmith- 
vides federal aid for vocational education. This 
law establishes a federal Board for Vocational 

• Utah received four sections. 


184 


GOVERNMENT AND POLITICS 


Education of seven members: the Secretary of Agriculture, 
Secretary of Labor, Secretary of Commerce, the Commis¬ 
sioner of Education, and three citizen members represent- 
ing, respectively, labor, agriculture, and manufactures. Thfe 
duty of the federal board is to promote vocational educa^ 
tion in cooperation with the States, and to administer the 
federal aid granted to the States under this law. Each State 
accepting its provisions must establish a State board of con¬ 
trol of day-industrial, evening, part-time, continuation, agri¬ 
cultural, and home-making schools. Each State must also 
agree to appropriate, either through the State or locally, an 
amount of money equivalent to the sum received from the 
federal board. In the first year under this act, the federal 
appropriations amounted to $1,655,000; and this sum is to 
be increased annually until the year 1925-1926, when the 
States will receive seven million dollars from the national 
treasury in support of vocational education. 

Immediately upon its organization, the federal board 
undertook the establishment of a series of special war train- 
Vocationai ing classes. These were designed to fit drafted 
loTMiSers men not yet called to the cantonments for various 
and sailors occupations necessary to the successful prosecu¬ 
tion of the war. Basing its plans upon the experience of the 
other nations at war, the federal board is now at work upon 
a program for the vocational training of the soldiers and 
sailors who become disabled in the defense of their country. 
The principle underlying this program is to restore these 
men, handicapped as a direct result of their patriotic service, 
so as to enable them to resume useful industrial employ¬ 
ments. 

233 . The Federal Bureau of Education. In addition to 
the generous land and money grants in support of the State 
school systems, the federal government has aided education 
by the establishment in 1867 of a Bureau of Education. 
It is the duty of the commissioner at the head of this bureau 
to collect and publish statistics concerning the schools of the 


PUBLIC EDUCATION 


185 


United States; and his office publishes an annual report, as 
well as monographs of great value. The federal government 
maintains the system of city schools in Washington, D.C.; 
provides academies at Annapolis and West Point for the 
education of naval and army officers; maintains schools for 
the Indians; and supports the Smithsonian Institute, a 
naval observatory, the geological survey, and other scientific 
establishments educational in character. 


GENERAL REFERENCES 

Ashley, R. L., The American Federal State (1903), pp. 371-375. 

Beard, C. A., American Government and Politics (1910), pp. 624-627, 746- 
751. 

Bliss, W. D. P., and others. Encyclopedia of Social Reform (1908); article 
on Education. 

Boone, R. G., Education in the United States (1889). 

Bryce, James, The American Commonwealth (1907), ii, ch. cv. 

Cubberley, Ellwood P., Public School Administration (1916). 

Dexter, E. G., History of Education in the United States (1906). 

Draper, A. S., American Education (1909). 

Dutton, S. T., and Snedden, David, The Administration of Public Educa¬ 
tion in the United States (1909). 

Eliot, C. W., American Contributions to Civilization (1897), nos. ii, viil, ix. 
Giddings, F. H., Democracy and Empire (1900), ch. xiv. 

Hart, A. B., Actual Government (1903), ch. xxviii. 

Rice, J. M., Public School System of the United States. 

Wright, Carroll D., Outline of Practical Sociology (1899), ch. xt. 


QUESTIONS AND EXERCISES 

1 . Quote any provisions of your State constitution concerning free schools 
or public education. 

2 . What are the boundaries of the school district in which you live? How 
many children of school age within this district? How many are en¬ 
rolled in the public schools? 

3. How many members comprise your board of education or school trus¬ 
tees? How chosen? Term? Name the members. 

4. Describe the powers of this board: (a) to levy school taxes; (b) to elect 
a superintendent and teachers; (c) to purchase school sites and erect 
buildings; (d) to perform other functions of school administration. 

5. What amount was expended by your district last year for the support 
of its schools? How much per pupil? How does this compare with the 
per capita expenditure in other districts of your State? 

6 . Is a State school tax levied in your commonwealth? If so, how much 
revenue did your district derive from this source last year? 

7. What amount of school revenue is derived from local taxation in your 
district? What is the rate of the local tax for school purposes? 


186 


GOVERNMENT AND POLITICS 


8 . What is the bonded indebtedness of your school district? For what 
purpose were these bonds issued? 

9. Is there a law in your State compelling children of a certain age to at¬ 
tend school? If so, during what ages is such attendance required and 
for what term each year? What is the penalty for violation of this law, 
and upon whom imposed? Who enforces the compulsory education 
laws? 

10 . Explain the great importance of public education in a democracy. 

11 . What obligations do pupils owe to their school? Do they owe any ob¬ 
ligation to the community which provides them with free public educa- 
tion? 

12 . How many high schools in your district? Number of pupils enrolled? 

13. Is there county supervision of rural schools in your commonwealth? 
How is the county superintendent chosen? How are schools supervised 
in your district? 

14. Are text-books furnished free to all pupils in your district? If so, state 
whether this is required throughout the State, or is optional with local 
authorities. Give the chief arguments for and against free text-books. 

15. Do you have uniform text-books throughout your State? What are the 
advantages and disadvantages of this policy? 

16. What authority grants teachers’ certificates in your district? 

17. In what ways does your State government control the common-school 
system? 

18. Who chooses your State superintendent of instruction (or commissioner 
of public schools)? What is his term? Describe his duties. 

19. Is there a State board of education in your commonwealth? If so, 
state the number of members, method of appointment, and term. 

20 . Describe the powers of the State board of education with reference to: 
(a) examination and certification of teachers; (b) handling of State 
school funds; (c) holding teachers’ institutes; (d) publication of school 
statistics; (e) preparation of courses of study and selection of text-books. 

21. Name the principal universities and colleges in your State. Classify 
them into three groups as suggested in Section 220. 

22. Are graduates of your high school admitted to these institutions on 
certificates, or are entrance examinations required? 

23. Is there a State university in your commonwealth? If so, how many 
students are enrolled? Name the various colleges which comprise it. 
What does it cost the State to maintain it? 

24. What aid to public education has your State received from the federal 
government? What amount did it receive last year under the Morrill 
Act? Under the Smith-Hughes Act? 

25. Does your community maintain classes for vocational training? Why 
is this work considered so important? 


CHAPTER XVII 


STATE FINANCE 

234 . Definition of Finance. Public finance deals with the 
way in which government acquires and expends its means 
of subsistence; and hence the subject-matter of this chap¬ 
ter is public expenditure and public income. Under public 
expenditure we shall consider first, the general purposes for 
which all governments expend money; and second, the prin¬ 
cipal items of expenditure by State and local governments. 

235 , Purposes of Public Expenditures. Public expend¬ 
itures may be classified on the basis of the functions which 
governments perform as ( 1 ) protective, ( 2 ) industrial, 
(3) humanitarian, and (4) cultural.^ 

Protective functions are fundamental in character, in¬ 
cluding provision for defense, for internal security of per¬ 
son and property, and for protection against protective 
physical or social disease. The protective func- 
tions generally necessitate large military and naval expend¬ 
itures, as well as those for courts and police systems. 

The industrial functions of government include regula¬ 
tion of industry in the public interest by means of labor 
and factory laws, and inspection of food products; industrial 
also provision for useful public works, as canals, 
roads, bridges, and light-houses; and finally, promotion 
of industry by means of subsidies, bounties, and technical 
education. 

The humanitarian functions include those for the relief 
of the dependent and defective classes, as pau- h^^u- 
pers, the insane, deaf, and blind; the aiding of itarian 
sufferers from occasional calamities (as fire, earth- 

1 This classihcation of expenditures is that given ny Professor F M. Taylor of the 
University of Michigan. 


188 


GOVERNMENT AND POLITICS 


quake, or flood); provision for elementary education; and 
in a few countries, state-assisted insurance. 

The cultural functions are those which serve the higher 
onituiai wants, as physical culture and recreation, higher 
funcuoni education, libraries, art museums, and scientific 
research. 

236. Expenditures of National, State, and Local Govern¬ 
ments. The expenditures of the national government form 
about 35 per cent of the total governmental expenditures; 
those of the State governments about 10 per cent; while 
local expenditures comprise nearly 55 per cent. In other 
countries as well as in the United States, the expenditures 
of local governments form an increasing proportion of the 
aggregate governmental expenditure, owing to the number 
and importance of the functions which local units perform. 



joo 
(o) 


a Incorporated Places of 
over 2500 Poputation. 
t Nat/or?a/ Oovernrrtent 
C Ooupties, 
cf States. 


EXPENDITURES OF NATIONAL, STATE, AND LOCAL GOVERNMENTS 


237. State and Local Expenditures. Under our system 
of government, the chief expense of administration is borne. 
Objects State government itself, but by its sub¬ 

divisions, the counties, townships, and municipal¬ 
ities. Hence a comparatively small part of the total revenue 
levied and collected under State laws is taken by the com¬ 
monwealth for its own purposes. The principal expend¬ 
itures by State governments are for the maintenance of 
its executive, legislative, and judicial departments, for 
the State militia; for educational, charitable, and penal 




STATE FINANCE 


IS9 

institutions, as State universities, asylums for the blind 
and insane, and State prisons; for State buildings and 
public works; and for interest on the public debt. Upon 
local governments devolves the heavy expense of poor re¬ 
lief, schools and libraries, roads and bridges. In addition, 
city governments must provide police and fire protection, 
construct waterworks and sewer systems, pave and light 
the streets, and maintain public parks and playgrounds. 


Trillions lOO /so ^co •SSO 300 ^So aoo 4 Se> Soo 
fct) 



a Worffs cmtf 

Jt> ^c/7ooAs. 
c Loco/ 

cf I?x>fecfi'o; 7 /t>Ik/z^or 7 CF( 7 rKf^hope/^. 
& on 

f li/^hurai/s. 

^ Correc//or?s. 

h Hcolt/? and >^on/faf/on. 
i y^ery/c-e- 2^nter^rfs^, 

J I^dce/Zan^ous. 

H If&cr^of’/orr. 


AMOUNT AND OBJECTS OF STATE AND LOCAL EXPENDITURES 











190 


GOVERNMENT AND POLITICS 


238. Sources of Public Revenue. The expenditures of 
government, like those of individuals, are paid out of in- 
Direot, de- come or revenue; and the sources of public in- 
antioipatSr* come may be grouped under three heads; (1) di¬ 


rect revenue, or that received from public owner- 


revenue 


ship of productive property, or public management of pro¬ 
ductive industry, or revenue which accrues to government 
by virtue of its corporate character; (2) derivative revenue, 
derived from the private incomes of persons or corpora¬ 
tions, and paid by them in satisfaction of some revenue law; 
( 3 ) anticipatory revenue, or that secured by government 
through the use of its credit, to be afterwards repaid. 

The following outline ^ shows in detail the sources of 
public revenue: — 

Public domains 



b. Public industries 

c. Gratuities or gifts 

d. Confiscations and indemnities 


1 . Direct revenue 



2 . Derivative 
revenue 


d. Fines and penalties 


a. Sale of bonds or other forms of com* 


3. Anticipatory 
revenue 


mercial credit 
b. Treasury notes 


t 7 ////ons. joo goo 300 ^00 <5-00 600 700 600 900 TOCO jaoo 





F 

<7 locorporas^^ jp^/aces of* 
over ^500 H>pu/af 'or7» 

^ TTat/ona/ (jover/rmer^ 

C OoUtTf/G^. 

d 


RECEIPTS OF NATIONAL, STATE, AND LOCAL GOVERNMENTS 


* Adams, H. C., Tht Science oj Finance, p. 227. 






STATE FINANCE 


191 


239 . Sources of Direct Revenue. In the United States, 
direct revenue forms a comparatively small part of public 
income. Many European countries own agricul- putuc 
tural lands, mines, and forests, from which a con- 
siderable revenue is derived; but the policy of our govern¬ 
ment has been to transfer the public domain to individual 
settlers upon the theory that the national resources would 
be best developed in this way. 

Many foreign governments also derive considerable direct 
revenue from public industries, as waterworks, gas and 
electric lighting-plants, street and steam railways, public 
postal and telegraph systems; and also from in- 
dustries monopolized by government as a means of revenue 
(fiscal monopolies). ^ In the United States municipal owner¬ 
ship of waterworks systems is common, and many cities also 
own electric-lighting plants; while the federal government 
owns and operates the postal system, and has taken charge 
of the railroads for the period of the war.^ 

240 . Sources of Derivative Revenue. Fees and special 
assessments form a considerable source of derivative rev¬ 
enue, although relatively much less important 

than taxation proper. Fees are payments made 
to cover a part of the total cost of certain governmental 
activities performed for the benefit of all, but which confer 
a special benefit upon the individual. For example, there 
are judicial and legal fees, as court fees, the charges for 
recording deeds and mortgages, marriage-fees, and the 
like; administrative fees, including fees for education, when 
charged; and industrial and commercial fees, as road and 
canal tolls, harbor dues, and similar charges. 

Special assessments, also called “ betterment ” taxes, are 
closely related to fees. A special assessment has special as- 
been defined by Professor Seligman as “ a com- 
pulsory contribution paid once and for all to defray the cost 


1 As the government monopoly of the manufacture of tobacco in France. 
* See Section S98. 


192 


GOVERNMENT AND POLITICS 


of a specific improvement to property undertaken in the 
public interest, and levied by the government in propor¬ 
tion to the special benefits accruing to the property owner.” 
For example, when a street is paved, or when water-pipes 
or sewers are laid, in addition to the general public benefit 
there is a special benefit to the individual on whose pro¬ 
perty the improvement abuts; and hence it is customary 
to levy a special assessment covering part or all of the cost 
against the owners whose property receives the special 
benefit. ' 

Taxes may be defined as “ratable burdens or charges 
imposed by the legislative power upon persons or property 
Taxes raise money for public purposes.” ^ The justi¬ 

fication of taxation is the benefit which govern¬ 
ments confer upon individuals. In return for the protection 
which they afford and the public functions fulfilled, govern¬ 
ments may justly take from those benefited, through tax¬ 
ation, the means necessary for their support. Taxes are 

ITif/ions loo 

o Oeoerv/ Properft/ 

i? I/crnfn^<s of 2y/7fisrpr/scs 

o I^/quor one/ O/her J//cen^G>o. 

e J^/^co/foneous. 
f ^pecto/ Phoper/^ 

^ '3ui?yonf/or?3 and Oronfs. 
h Inferesf and TJen/es. 
i ^u^/r?&S5 Td^es, 

J ITf^hujw Thy i/epes. 
ff :fb// 2^. 

/ one/ I5rfe/fs, 

m ^Donof/ons one/ G/fts. 

SOURCES OF STATE AND LOCAL REVENUES 

* Black, H. C., Constitutional Law, p. S75. Professor Plehn defines taxes as “genera\ 
compulsory contributions of wealth levied upon persons, natural or corporate, to defray 
t]tie expenses incurred in coqferring a common benefit upon the residents of the State.’* 





STATE FINANCE 


193 


Unllormlty 


levied in accordance with the theory of faculty or ability; 
that is, individuals are required to share the burden of 
taxation according to their ability, estimated upon the 
basis of property or income. 

241 . General Principles of Taxation. Certain general prin¬ 
ciples govern the levying of taxes, the following being especially 
important: — 

(1) The rule of equality, which prescribes that as far as possible 
all individuals shall pay taxes according to their re- _ 
spective abilities. 

(2) The rule of uniformity, which means that all taxable articles 
or kinds of property of the same class shall be taxed 
at the same rate. “ Different articles may be taxed at 
different amounts, provided the rate is uniform on the same class 
everywhere, with all people, and at all times.” ^ 

(3) The tax must be for a 'public purpose, that is, for the support 
of government and its legitimate objects, and not for PuWIo 

the private advantage of individuals.^ purpos# 

(4) The tax must be authorized by the legislature, it being a 
cardinal principle of republican government that taxes Legislative 
can be voted only by the representatives of the people, authorlza- 
that is, by the legislative power. 

(5) Jurisdiction is essential to the validity of the tax; that is, 
the person or thing taxed must be amenable to the 
authority of the government making the levy. 

(6) Certainty should characterize every tax; that is, the time, 
manner, and amount of the payment should not be 
arbitrary, but fixed and known to all. 

(7) Convenience is another desirable characteristic; the tax 
should be collected at a time when it will be most con¬ 
venient for the contributors to pay; and in general 
should cause as little inconvenience as possible. 

(8) Economy should characterize all tax levies; the tax should 

not be too difficult of administration, nor the cost of _ 

, . Economy 

collection excessive. 

242 . Extent of the Taxing Power. The largest discretion is 
allowed the legislative power in determining the basis what may 
on which taxes shall be laid; and all property, tangible 

or intangible, is subject to taxation. ” Taxes may be levied on 


Oonvenlenoo 


* Black, H. C., Conttilutional Law, p. 392. 

• “If the end be not public, it matters not that the individuals for whose benefit the tax 
Is laid are numerous, nor that the object is to afford relief from the consequences of a pest¬ 
ilence, fire, inundation, or other general and widespread calamity.” — Hare, J. I. C.,Apiw~ 
ican Conitituiional Law, i, 270. 


194 


GOVERNMENT AND POLITICS 


Limitations 


real property or personal property, on occupations, on incomes, 
on inheritances, and on various other rights, benefits, and priv¬ 
ileges which are enjoyed under the protection and sanction of 
organized society.” ^ 

The power of the several commonwealths to Lax is a general 
power, subject only to certain express and implied limitations in 
the national and State constitutions, and to the limita¬ 
tions imposed by the nature of our form of government. 
Six important limitations are imposed by the federal constitu¬ 
tion, or by the nature of the federal government; and additional 
limitations are found in many State constitutions. 

By express provisions of the federal constitution, the common¬ 
wealths are forbidden, without the consent of Congress (1) to 
Federal con- imposts or duties on imports or exports except 

trol ol com- those absolutely necessary for the execution of State in- 
spection laws,^ or (2) to lay any tonnage duty.^ More¬ 
over, (3) an implied restriction on the power of the commonwealths 
to tax foreign or interstate commerce is found in the provision 
giving Congress power to regulate foreign and interstate com¬ 
merce.‘ 

(4) Another implied limitation arises from the guaranty of the 
federal constitution that “ the citizens of each State shall be en- 
Quaranty titled to all the privileges and immunities of the citi- 
of equal zens of the several States.” ^ This provision prevents 
privileges State from discriminating against citizens of other 
commonwealths by levying upon the property or business of non¬ 
residents a higher tax than is levied upon corresponding property 
or business of its own citizens.® 

(5) State governments may not tax the agents or instrumental¬ 
ities by which the federal government performs its functions, be- 
TaxaUon cause if allowed this power they might cripple or even 
of govern- wholly defeat the national authority. Hence a State 

government may not impose a tax upon the operations 
of a bank chartered by Congress; ^ nor upon the salary 
of a federal officer; nor upon the evidences of indebtedness issued 
by the national government.® 


mental 

agencies 


‘ McClain, E., Constitutional Law, p. 127. * Constitution, Art, i.. Sec. 10. Par. 2. 

» Constitution, Art. i, Sec, 10, Par. S. * Constitution, Art. i, Sec. 8, Par. 3. 

« Constitution, Art. iv. Sec. 2, Par. 1. 

» Ward p. Maryland, 12 Wall. 419; Welton v. Missouri, 91 U. S. 275; Walling p. Michigan, 
116 U. S. 446; Luy p. Baltimore, 100 U. S. 434. 

^ M’Culloch p. Maryland, 4 Wheaton, 316; Thayer’s Cases, ii, 1340; Osborn p. U. S. Bank, 
9 Wheaton, 738. 

* This implied limitation is reciprocal: for similar reasons the federal government cannot 
lay a tax upon the agents or instrumentalities of the State governments. 


STATE FINANCE 


19£> 


(6) If, as sometimes happens, the State and federal govern¬ 
ments tax the same thing, the federal tax must first be subordinate 
satisfied. This limitation arises from the subordinate position of 
position of the commonwealths in the federal plan. States 

(7) Many State constitutions limit the amount which may be 
raised by taxation to a certain per cent of the valua- Amount of 
tion of taxable property; and also provide that no taxation 
greater revenue shall be raised than the current needs of govern¬ 
ment require. 

(8) The constitutions of many commonwealths exempt certain 
property from taxation, including that of educational institutions, 
public hospitals, charitable institutions, church pro- 

perty used for religious purposes, public property used 

for public purposes, and personal property to a limited amount 

(generally about two hundred dollars for each individual). 

243. Classification of Taxes. Taxes may be classified 
in various ways, the most common division being into 
direct and indirect taxes. Direct taxes are those 
levied immediately upon the persons who are to 
bear the burden. The law contemplates that the tax¬ 
payer shall also be the tax-bearer, and the burden of tax¬ 
ation cannot ordinarily be shifted. The most important 
direct taxes are the general property tax, mortgage tax, 
inheritance tax, corporation, poll, and income taxes. 


^^r.C>nf. ^ /O /Sr 20 25 * 30 05 * 



(C) 

(d) 


if) 


PER CENT SOURCES OF STATE AND LOCAL REVENUES 

Indirect taxes are those levied upon commodities before 
they reach the consumer. The taxpayer is not indirect 
the real tax-bearer, since the tax is ultimately 
paid by the consumer in the form of a higher price. The 




196 


GOVERNMENT AND POLITICS 


principal indirect taxes are customs duties, excise or internal 
revenue taxes, franchise and license taxes. 

The federal government derives its revenue almost 
exclusively from indirect taxes (customs duties and ex- 
Pederai cises). State and local revenues are derived chiefly 
and state from direct taxes — the general property tax, in¬ 
revenue heritance, and corporation taxes; together with 
a relatively small amount from such indirect taxes as 
franchises and licenses. 

244 . Assessment of General Property Tax. Throughout 
the Union, about sixty per cent of State and local reve- 
Procossoi nues is derived from the general property tax, 
assessment theory is levied on the entire amount 

of property, real and personal, owned by taxpayers. The 
first step in administering the general property tax is that 
of assessment, or placing a valuation upon taxable property. 
Local assessors are generally elected by the city, town¬ 
ship, or county; and these oflBcers inspect and place a value 
upon the property of each taxpayer. To aid in this work, 
taxpayers are ordinarily required to make a declaration 
under oath of the amount of their personal property, these 
declarations being subject to correction by the assessors. 

Real estate ^ and visible personal property (as furniture, 
stock in trade, live stock, or other farm capital) can be 
Dinicuities readily discovered by the assessors; but it has 
In assess- proved exceedingly diflScult to reach intangible 
personal property, as notes, bonds, stocks, and 
mortgages. Hence the most valuable portion of personal 
property owned by the wealthiest members of the com¬ 
munity largely escapes taxation. In the United States as 
a whole, probably only one fifth of all personal property 
is reached under the general property tax. Both real and 
personal property are assessed far below their true values, 
real estate being generally rated at from one third to three 
fourths of its actual value. 


Real estate includes both land and the permanent structures resting upon it. 


STATE FINANCE 


197 


245. Equalization. The work of local assessors is com¬ 
monly subject to correction by a county board of equal¬ 
ization, since otherwise property in one section of Boards of 
the county may be assessed at a lower valua- 

tion than property in other sections, thus placing an un¬ 
equal burden upon taxpayers. Furthermore, there is 
generally a State board of equalization charged with the 
duty of reviewing and equalizing the valuations within 
the various counties; for if the property in one county is 
undervalued as compared with the average rate of valua¬ 
tion throughout the commonwealth, the county escapes 
to that extent from its just burden of State taxation. 

246 . Levy and Collection of Taxes. After the process 
of assessment has been finished, the next step is the levy of 
the tax, or the fixing of the rate. The amount of Fixing th® 
revenue to be raised is first determined by the 

proper authority of each taxing area — generally by the 
board of education for the school district, by the township 
trustees for the township, by the town-meeting for the 
town, by the council for the municipality, by the county 
commissioners for the county, and by the legislature for 
the State. The rate of taxation is then determined by cal¬ 
culating the ratio between the estimate of necessary funds 
and the total assessed valuation of taxable property within 
the district concerned. For example, if the total State ex¬ 
penditures are estimated at three million dollars, and the 
assessed valuation of all taxable property in the common¬ 
wealth is three billion dollars, the rate for State purposes 
will be the former sum divided by the latter, or one tenth 
of one per cent, or one mill on the dollar. In the same 
manner the rates for the county, town or township, city^ 
village, or school district are separately determined by find¬ 
ing the ratio of the assessed value of taxable property 
within the district to the revenue required by the district. 

The State auditor certifies the State tax rate to the 
county auditors or clerks; and the latter add to this the 


198 


GOVERNMENT AND POLITICS 


rates authorized for local purposes. The sum of these rates 
DuUes of will be the percentage of each taxpayer’s pro- 
auditor perty required for the support of State and local 

government. For example, the rates for taxpayers in rural 
and urban communities may be as follows: — 


RURAL TAXPAYER^ URBAN TAXPAYER 


Rate 

Mins 

Rate 

MilU 

School. 

.4 

School. 

.9.7 

Township. 

. 1.25 

Municipal. 

.16.95 

County. 

.4.605 

County. 

.4.605 

State . 

. 1.345 

State. 

. 1.345 

Total. 

.11.2 

Total. 

.32.6 


All taxes are collected by local officers, generally by 
the township or county treasurer, the township supervisor, 
OoUection the selectman, constable, or special tax collect- 
of taxes Qj.g total amount of State and local taxes col¬ 

lected by these officers is then distributed, the respective 
shares being turned over to the township (or city) treasurer, 
the county and the State treasurers. 


MUitono. So lOo /5^ gw ggo 300 S90 ^So Soo 5So 600 


«7J 







J 

L 




1 } 1 1 1 1 ' • • 1 



■i 

m 

wmm 

(.C) 

p 

P 

■ 


a C/f/'&s oncf Ofih&r 
Jhcorporofiscf 
b Cour?fi&s. 
c Ofafie-s. 


DISTRIBUTION OF GENERAL PROPERTY TAX AMONG STATE AND 
LOCAL GOVERNMENTS 


If a taxpayer fails to pay his tax bill at a specified date, 
the property upon which the tax is levied is delinquent. 
Deiinauent A penalty in the form of an increased rate is 
then imposed, and if the bill remains unpaid the 
property may be sold to satisfy the claim. If sold, the ex- 

* Thus on property assessed at $1000, the taxpayer in the rural community would pay 
$11 .20, while on the same amount of property the urban taxpayer would pay $32.60. 



















STATE FINANCE 


199 


cess over the amount of taxes due is given to the owner; 
and ordinarily he has the right within a limited period 
(generally two years) to repurchase the property at the 
sale price plus certain penalties. 

247 . Defects of the General Property Tax. The defeets 
of the general property tax are so serious that this form of 
tax has been severely condemned by all students of finanee, 
and by most administrative officials. Professor Seligman 
declares that “ the general property tax as actually admin¬ 
istered to-day is beyond all peradventure the worst tax 
known in the civilized world.’’ 

Its chief defects may be summarized as follows: — 

( 1 ) The general property tax is bad, since it takes prop¬ 

erty itself as a criterion of taxpaying ability; whereas not 
property, but the income which property yields, wrong in 
is the best index of taxpaying power. theory 

( 2 ) The general property tax is defective in practice, 
since it fails to reach the most valuable portion of personal 
property — intangible property. Hence it im- unjust in 
poses an undue burden upon real estate, and upon 

those engaged in agriculture, as compared with those in 
other pursuits. 

(3) The most serious defect in the general property tax 
arises from the difficulty of assessment. The greatest in¬ 
equalities prevail in the valuation of property in unequal 
the different townships within the county, and in 

the counties composing the State. Hence one township may 
bear an undue burden of county taxation as compared with 
other townships, and counties often bear unequal burdens 
of State taxation. 

(4) Finally, the general property tax causes public de¬ 
moralization. Since taxpayers are commonly required to 

declare their taxable property under oath, those Public de- 
. . I I .| 1 .| morallza- 

who are conscientious are taxed heavily, while tiou 

others escape a large share of their just burden. 

248 . Mortgage Taxes. In several commonwealths a tax 


200 


GOVERNMENT AND POLITICS 


is levied upon capital invested in mortgages. For example, 
in New York a small tax is levied upon mortgages at the 
time of record, after which they are exempt from further 
taxation. The policy prevailing in some States of taxing 
mortgages annually at the local tax rate is both unjust 
and difficult of enforcement. Such a tax involves double 
taxation unless the mortgagor is taxed only on the value 
of his property less the amount of the mortgage. 

249 . Inheritance Taxes. Inheritance taxes are those 
imposed upon property inherited from the estate of a de¬ 
ceased person. This form of taxation is extensively used 
in Great Britain, Switzerland, and Australia; and it also 
prevails in nearly all of the States of the Union. In levying 
inheritance taxes, the practice is to exempt small estates 
entirely, and frequently to exempt that portion of the 
estate which passes to direct heirs. 

250 . Corporation Tax. The failure of the general prop¬ 
erty tax to reach intangible personal property, such as 

. stocks and bonds in the hands of individual own- 

Objeot 

ers, has been partially remedied in some com¬ 
monwealths by a tax levied upon corporations, which from 
their nature must maintain an official record of property 
and earnings. 

The corporation tax is sometimes a general one imposed 
upon all corporations doing business within the State. More 
General often it is levied upon those industries which are 
and special monopolistic in character, and hence superior to 
the normal control of commercial forces; or which for some 
other reason bear a public or quasi-public character. Illus¬ 
trations of these are ( 1 ) the railway, telegraph, telephone, 
and express industries; ( 2 ) bridge companies and corpora¬ 
tions owning rolling stock and terminals; (3) banks, building 
and loan associations, and insurance companies; and ( 4 ) 
municipal monopolies, as street railways, gas and electric¬ 
lighting companies. 

The basis of the corporation tax is in many instances the 


STATE FINANCE 


m 


capital stock at its par or market value; and often the 
bonded indebtedness is also included. In other 
States, the volume of business transacted, the 
gross earnings, the dividends and interest, or the net earn¬ 
ings, are taken as the basis. In some commonwealths, as 
in New York, a tax is levied upon the organization of 
corporations as well as upon their annual earnings. 

251 . Poll or Capitation Tax. The poll or capitation tax 
is a uniform contribution levied against individuals as such, 
This generally proves a very diflScult tax to col- a defectiv® 
lect; and it is an unjust form of tax, since the 

same amount is exacted from each person, irrespective of 
his ability to pay. Many commonwealths still retain the 
poll tax, the levy being two or three dollars upon all males 
over twenty-one years of age. 

252 . Income Taxes. The income tax is a tax of a certain 
per cent on the annual clear income of each individual. 
Incomes below a certain amount are commonly character- 
exempt, and the rate of taxation is often progress- 

ive. An income tax in some form is levied in seven States: 
Massachusetts, Mississippi, North Carolina, Oklahoma, 
South Carolina, Virginia, and Wisconsin. 

253 . License Taxes. License taxes include “all payments 
which the law makes a condition to the transaction of busi¬ 
ness, or to the following of a profession, a trade, Dgunition 
or any industrial calling.” Except in the South- and charao- 
ern States, where licenses are required for many 
different kinds of business, the license tax is generally im¬ 
posed upon occupations which present peculiar difficulties 
from the point of view of police regulation, as the business 
of taxicab drivers, draymen, and peddlers. 

254 . Franchise Taxes. A franchise is an exclusive right 
or privilege granted by government, as the right to sup¬ 
ply gas, water, or electric light within a certain Definition 
area, or the right to use the streets of a city for pnrpoee 
the operation of a street-railway system. The chief value 


m 


GOVERNMENT AND POLITICS 


of street-railway property is not the cost of rolling stock 
and rails, but rather the exclusive right to use the streets 
for the purpose of carrying passengers. The franchise tax, 
then, is a tax upon a value arising from an exclusive priv¬ 
ilege — in other words, upon a value which society itself 
creates. Throughout the entire history of American muni¬ 
cipalities, franchises have been given away with utter 
disregard of their value and the public interest; but the 
present tendency is to secure for the city some return for 
the values arising from municipal growth and development. 

255. Reforms in Taxation. The reform in taxation most 

earnestly advocated by students of this subject consists in 
Sources assignment of definite and exclusive sources 

income to each of the several grades of govern¬ 
ment. Thus to the federal government would be 
assigned the revenue from customs duties and excise taxes, 
supplemented in case of need by a federal income tax. 

State revenue should be derived from taxation of corpor¬ 
ations, inheritance taxes, and licenses. The effort to reach 
Sources intangible personal property through the gen- 
SmUou property tax should be entirely abandoned, 

and the commonwealth should leave to local gov¬ 
ernments all taxation of real estate. In this way many of 
the defects of the general property tax would be remedied. 
The antiquated and unjust poll tax should be abandoned 
entirely. 

The revenue for rural local governments should be de¬ 
rived chiefly from the tax upon real estate, supplemented. 
Sources necessary, by a tax upon visible personal pro- 

taxation cities large revenues should be derived 

from franchises and licenses, supplemented in 
case of need by a small tax upon real estate. 

256. Borrowing Power of State Governments. In addi- 
Anticipatory tion to the income obtained from the foregoing 
revenue sources. States may obtain revenue through the 
use of their credit, or in other words, may borrow money. 


STATE FINANCE 


20J, 

Such revenue is called anticipatory, and “its legitimate 
use is confined to making headway against a fiscal exigency, 
or to the providing of capital for public investment.” ^ 
State and local debts are generally incurred for the con¬ 
struction of public works, although sometimes they are 
due to deficiencies in taxation. Debt-making means the 
distribution of the burden of heavy expenditures over a 
later period, the cost of this postponement being the pay¬ 
ment of the annual interest. 

Beeause of the recklessness of legislative bodies in com 
tracting debts, most constitutions limit the amount of 
indebtedness that may be incurred by State and oonstitu- 
local governments to a certain per cent of the valu- womI Um- 
ation of taxable property. Limitations are often 
imposed as to the objects for which State governments 
may borrow money; and a number of constitutions provide 
that no money may be borrowed unless the law author¬ 
izing the loan be ratified by a popular vote.^ 

State governments generally borrow money through the 
issue of bonds, since the federal constitution expressly 
prohibits the commonwealths from issuing due- Method of 
bills, or paper notes of any kind intended to 
circulate as money.^ Provision is commonly made for the 
redemption of bonds through the accumulation of a sink¬ 
ing-fund; that is, a portion of the annual income is set 
aside each year in a special fund which is invested in 
interest-bearing securities, and ultimately applied to the 
extinguishment of the debt. 

257 . History of State Debts. Shortly after the adoption 
of the national constitution (1789), the federal Early in- 
government assumed the Revolutionary debt of 
the States amounting to about $21,000,000; and for thirty 

1 Adams, H. C., Science of Finance, p. 22. 

* Commenting upon these restrictions, Bryce declares that “one feels, in reading these 
multiform provisions, as if the legislature was a rabbit seeking to issue from its burrow to 
ravage the crops wherever it could, and the people of the State were obliged to close every 
exit, because they could not otherwise restrain its inveterate propensity to mischief.” —' 
The American Commonwealth, i, 522. 

* Constitution, Art. 1, Sec. 10, Par. 1; Craig, c. Missouri, 4 Peters, p. 410. 


204 


GOVERNMENT AND POLITICS 


years afterwards there was little State debt. Then came the 
era of extensive canal building, followed by railroad build¬ 
ing with State aid, which resulted in a rapid increase of 
State indebtedness. After the panic of 1837 a number of 
commonwealths repudiated a part of their debts, to the 
amount of about $14,000,000. 

The Civil War created a large indebtedness on the part 
of the commonwealths, as well as the federal government; 
oivuwar but the loans incurred in aid of rebellion by 
period eleven seceding States became void through 

the adoption of the fourteenth amendment. After the war 
the Southern States, and also two Northern common¬ 
wealths, repudiated indebtedness amounting in all to 
$160,000,000.1 

State debts are now decreasing, and a number of com¬ 
monwealths are practically free from debt. One reason for 
Present this decline is the increase of municipal and local 
condiuons indebtedness, owing to the increased activities 
which local governments are called upon to perform. The 
total debt of local governments throughout the Union is 
Qow about ten times the aggregate State indebtedness. 

GENERAL REFERENCES 
^dams, H. C., The Science of Finance (1905). 

Agger, E. E., The Budget in the American Commonwealths^ Columbia 
University Studies (1907). 

Ashley, R. L., American Federal State (1903), ch. xxv. 

Bastable, C. F., Public Finance (1895). 

Beard, C. A., American Government and Politics (1910), ch. xxxi. 

- Readings in American Government and Politics (1910), ch. xxxi. 

Blackmar, F. W., Economics for High Schools (1907), ch. xxxn. 

Bryce, James, The American Commonwealth (1908), i, ch. xliii. 

Bullock, C. J., Introduction to the Study of Economics (1900), ch. xvii. 
Cooley, T. M., Constitutional Limitations (1903), ch. xiv. 

Daniels, W. M., Elements of Public Finance (1899). 

Ely, R. T., and Wicker, G. R., Elementary Principles of Economics (1904), 
pp. 327-363. 

Ely, R. T., and Finley, John H., Taxation in American States and Cities. 
Fairlie, J. A., Municipal Administration (1901), chs. xiii-xvi. 

Hart, A. B., Actual Government (1903), chs. xxi-xxii. 

> Most of this amount was contracted just after the war by the carpet-bag govern' 
ments of the South. 



STATE FINANCE 


206 

Hollander, J. H., Studies in State Taxation (Johns Hopkins University 
Studies), XVIII, nos. 1-4 (1900). 

Lalor, J. J., Cyclopedia of Political Science, etc. (1882-84); articles on 
Budgets, Debts, Finance, Revenue, Municipal Bonds, Repudiation. 
Taxation. 

National Municipal League, Proceedings of the Providence Conference for 
Good City Government (1907), pp. 223-316. 

Plehn, Carl C., Introduction to Public Finance (1897). 

Seligman, E. R. A., Essays in Taxation (1895). 


QUESTIONS AND EXERCISES 

1. What restrictions are imposed by your State constitution upon 
(a) the power to levy taxes; (b) the power to borrow money? 

2 . Study the balance sheet or financial statement of your State govern¬ 
ment for last year, and report upon the following: (a) the amount 
and sources of revenue for the year, arranged in the order of their im¬ 
portance; (b) the chidf items of expenditure. 

8. Make a similar report concerning the financial statement of your city 
or county. 

4 . State which of the following kinds of taxes are levied in your State: 
general property tax, mortgage tax, inheritance tax, corporation tax, 
poll or capitation tax, income tax, license or business tax, franchise 
tax. 

5. What is the total assessed valuation of property in your city or county? 
What is the tax rate for city, school, county, and State purposes? 
Taking the assessed valuation as a basis, figure the amount of revenue 
which each area would receive at the respective rates. 

6 . Study the method of assessing property and of levying the general 
property tax in your community. Compare with the process described 
in Actions 244-246. 

7 . Are there county and State boards of equalization in your common¬ 
wealth? If so, how are they chosen? How may an assessment be 
increased or decreased? 

8. What portion of one’s real or personal property is exempt from taxa¬ 
tion in your State? What is the reason for the exemption? 

9. Does personal property bear its share of taxation in your community, 
or does the greater part of it escape taxation? Can you suggest a 
remedy? 

10. Prepare a graphical chart showing fluctuations in the tax rates in your 
city or county during the last twenty years. 

11. Do rents tend to rise and fall as the tax rate increases or decreases? 
Why? 

12. What i>enalty is imposed in case of delinquent taxes? 

13. By whom are taxes assessed in your city or county? To whom paid? 

14. If corporation taxes are levied in your State, give the rate of the tax, 
and the basis upon which it is levied (capitalization, earnings, etc.). 

15. If inheritance taxes are levied, state the rate, exemptions, etc. Same 
for income taxes. 

16. Why are poll or capitation taxes objectionable? 

17. Are franchises taxed in your city? What is the justification of this 
form of tax? 


GOVERNMENT AND POLITICS 


m 


18. Does the right to vote in your State depend upon the payment of any 
kind of taxes.? Are all taxpayers voters? 

19. Compare the system of taxation suggested in Section 255 with that 
actually in force in your State. 

20. What is the amount of your State debt? Of your county debt? Of 
your city debt? Of your school-district debt? How are these debts 
to be paid? 

21 . For what amount are bonds generally issued by your local govern¬ 
ment? What is the usual rate of interest? How are the bonds sold? 

22 . For what purposes are governments justified in issuing bonds? Is k 
proper to issue bonds to defray current expenses? 

13 . Bring a government bond to class for examination and study. 


CHAPTER XVIII 


ORIGIN OF THE FEDERAL GOVERNMENT 

258 . Beginning of the Federal Union. From the stand¬ 
point of constitutional law, the Federal Union as it exists to-day 
dates from 1789, when our national constitution went Three 
into effect. Historically its origin is much earlier, dating periods 
back to the crude attempts at union during colonial days 
(1643-1775). Next came the period of Revolutionary union 
(1775-1781), followed by constitutional union, first under the 
Articles of Confederation (1781-1789), then under the federal 
constitution. 

259 . Conditions affecting Colonial Union. " Tendencies 
toward union existed in the American colonies almost from the 
beginning of their history. Nearly four fifths of the colo- Tendencies 
nists were of English descent, speaking the same Ian- favoring: 
guage, and except the Roman Catholics in Maryland, 
professing the Protestant religion. Not only were the colonists 
united by the ties of a common history, language, and religion 
but all were governed by the English system of common law, 
modified to meet colonial conditions; and they claimed as their 
birthright the privileges which the common law recognized as 
belonging to all Englishmen. Another influence tending toward 
union was the fact that the colonists were threatened by a com¬ 
mon enemy — first the Indians, then the Dutch and French, and 
finally the mother country itself. 

On the other hand, several conditions operated to prevent 
an early and permanent union. From its establishment each 
colony had been politically separate from every other, 
and the strong feeling of local independence checked 
for many years the inclination toward union. The geo¬ 
graphical situation of the colonies also tended to keep them sepa¬ 
rate. Communication either by land or water was both diflScult 
and dangerous, and the lack of intercourse with their neighbors 
fostered a spirit of provincial narrowness and exclusion. Industri¬ 
ally also, the interests of the colonies were distinct. In New Eng¬ 
land, shipbuilding was the leading industry; while at the South, 


208 GOVERNMENT AND POLITICS 

agriculture carried on by slave labor was the chief source of 
wealth. 

260 . The New England Confederation. In 1643 the 
condition of affairs in England ^ was such that the mother country 

could do little to protect the colonies from the danger 
aS>ower 3 attack by the Indians and the Dutch. Accordingly, 
four of the New England colonies (Massachusetts Bay, 
Plymouth, Connecticut, and New Haven) united in a league for 
the purpose of mutual defense, as well as for the extradition of 
criminals and fugitive servants. The affairs entrusted to the 
confederate government were managed by an advisory board, 
on which each colony was represented by two commissioners. 
This league continued in existence for forty years and rendered 
effective service, especially in the wars against the Indians. 
More important still, it accustomed the colonies to united action 
and showed them the benefits of union. 

261 . The Albany Plan of Union ( 1754 ). During the long 
struggle with the French, several plans were brought forward for 

a closer union of the colonies. In 1754 delegates from 
plTnSmilon seven colonies met at Albany in answer to a summons 
from the Lords of Trade. The Congress finally adopted 
the plan presented by Benjamin Franklin for a colonial union to 
be established by Act of Parliament. Although unanimously 
adopted by the Congress, the proposed plan was rejected both 
in England and in America. The colonies distrusted it as giving 
too much power to the crown, while the British government consid¬ 
ered it too democratic. 

262 . Stamp Act Congress ( 1765 ). The dormant spirit 
of union in the colonies was finally aroused by the adoption of a 

new British colonial policy. The Stamp Act passed by 
of*rSitr°° the British Parliament in 1764 met with bitter opposi¬ 
tion from the colonists, who claimed that such a tax 
could not be constitutionally imposed except by their own legis¬ 
latures. At the suggestion of the Massachusetts House of Re¬ 
presentatives, nine colonies sent delegates to the Stamp Act Con¬ 
gress (1765). This Congress drew up an address to the king, and 
adopted a declaration of rights setting forth that “the people of 
these colonies are not, and from their local circumstances cannot 
be, represented in the House of Commons”; and that no taxes 
“can be reasonably imposed on them but by their respective 
legislatures.” The Stamp Act Congress of 1765 marks one of the 

1 The period from 1642 to 1649 marked the struggle between Charles I and the Long 
Pvliament, ending in thn execution of the king and the proclamation of the Common, 
wealth. 


ORIGIN OF THE FEDERAL GOVERNMENT 209 


most important steps in the development of the spirit of union — 
so important that it has been called the day-star of the American 
Union. 

263. Growth of Spirit of Resistance. The obnoxious 
Stamp Act was repealed in March, 1766, but the British govern¬ 
ment did not abandon its position on the subject of committees 
taxation. Coupled with the repeal of the Stamp Act, ofcorre- 
Parliament had passed a resolution affirming its right spondenoe 
to legislate for the colonies “in all cases whatsoever.” ^ Within 
the next few years other revenue acts were passed, including the 
unpopular tax on tea; and in 1773, following a suggestion made 
several years before by the Massachusetts legislature, commit¬ 
tees of correspondence were formed in the various colonies to 
secure cooperation in resisting the aggressions of Great Britain. 
These committees were appointed by the colonial assemblies, 
and mark another important step toward a political union of the 
colonies. 

264. First Continental Congress (1774). The first Contin¬ 
ental Congress owed its origin to the series of repressive measures 
adopted by Parliament in order to discipline Massa- 
chusetts. A general congress to secure redress of griev¬ 
ances had been proposed by Virginia in May, 1774, but the de¬ 
finite call came from Massachusetts in June of the same year. 
All the colonies except Georgia were represented. 

In September, 1774, the fifty-five delegates assembled at Phil¬ 
adelphia. They drew up a declaration of rights and grievances, 
together with a petition to the king requesting the 
repeal of the obnoxious laws; and recommended that 
until redress of grievances was secured, the colonists should neither 
buy from nor sell to the people of Great Britain. This non-im¬ 
portation agreement or “Association” was subscribed to by each 
member for himself and the colony he represented, and virtually 
marks the beginning of the Federal Union. Congress adjourned 
after recommending that a similar body be convened at Phil¬ 
adelphia in May of the following year, in case the colonial griev¬ 
ances were not redressed in the meantime. 

265. The Second Continental Congress (1775-1781). 
The Second Continental Congress, most of whose del- Revoiutlon- 
egates were chosen by popular conventions, assembled ary powers 
in the state house at Philadelphia on May 10, 1775. 

By this time the battle of Lexington had been fought, and an army 

* This act Pitt called a resolution “for England’s right to do what the Treasury pleased 
with three millions of freemen.” 


210 


GOVERNMENT AND POLITICS 


of patriots was laying siege to Boston. Congress at once assumed 
revolutionary powers, which were exercised with the acquiescence 
of the people during the next six years. It organized an army and 
chose Washington commander-in-chief; raised a navy; licensed 
privateers; issued the Continental Currency, pledging the faith of 
the country to its redemption; established a treasury department 
and post office; sent representatives to France and other countries; 
adopted the Declaration of Independence; gave advice concern¬ 
ing the formation of State governments; concluded the treaty of 
alliance with France; and proposed to the States the Articles of 
Confederation, the adoption of which in 1781 legalized the Revo¬ 
lutionary Union. In short, the Second Continental Congress 
assumed and exercised all the sovereign powers necessary to the 
successful maintenance of the Revolutionary* cause, and this de 
facto government was acquiesced in by the people. 

266. Formation of the Confederation. On the same day 
that Congress appointed a committee to draw up the Declaration 
of Independence (June 11, 1776), a second committee 
of Articles consisting of one member from each State v/as chosen to 
draw* up a plan of Confederation. On July 12, 1776, 
this committee reported a plan of union supposed to have been 
drafted by John Dickinson; and after some delay it was adopted 
by Congress (November 15, 1777), and sent to the States for 
ratification. By July, 1778, ten States had agreed to the Articles 
of Confederation (w hich w^ere only to be binding when all the States 
had ratified). By May, 1779, all had ratified except Maryland; and 
this commonwealth steadfastly refused to give her sanction unless 
her more pov/erful neighbors — especially New York and Virginia 
— should cede to the general government their claims to the 
western lands. New York finally relinquished her claims to the 
western domain, and Virginia promised similar action; where¬ 
upon Maryland gave her ratification, and on March 1, 1781, the 
Articles went into effect. 


267. Character of the Confederation Government. The 
new* government was a confederation or league of States, rather 
A lea ue federal government such as w*e have to-day. 

of states States relinquished some of their sovereign pow¬ 

ers, no commonwealth being permitted to send am¬ 
bassadors, make treaties, maintain an army, or levy w*ar. On 
the other hand, the Articles expressly declared that “each State 
retains its sovereignty, freedom, and independence, and every 
power, jurisdiction, and right which is not by this federation 
delegated to the United States in Congress assembled.’’ Each 
commonwealth whether large or small had but one vote in Con- 


ORIGIN OF THE FEDERAL GOVERNAIENT 211 

gress; and the Articles could only be amended by the unanimous 
consent of the State legislatures — a provision which made amend¬ 
ment practically impossible. 

A striking feature of the new government was that it did nof 
follow Montesquieu’s theory of the division of governmenta’ 
powers among executive, legislative, and judicial depart¬ 
ments. There was no national executive or judiciary, cJ^gj-gsg 
and legislative powers were vested in a Congress of a 
single house. To this Congress each State sent not less than two 
nor more than seven delegates, chosen by its legislature for a term 
of one year, but subject to recall at any time. Delegates were 
paid by the State governments. Each commonwealth had one 
vote, which was determined by a majority of the delegates present 
when a vote was taken. 

The legislative powers of Congress included the sole and ex¬ 
clusive power to determine peace and war; to send and receive 
ambassadors; to form treaties and alliances; to estab¬ 
lish rules concerning captures on land and water; to co^ress* 
grant letters of marque and reprisal in time of peace; 
to appoint courts for the trials of piracies and felonies committed 
on the high seas; to establish courts of final appeal in cases of 
captures; to decide on appeal any dispute between tw^o or more 
States concerning boundary, jurisdiction, or other causes; to 
make requisitions upon each State for its quota of troops or taxes; 
to borrow money and emit bills on the credit of the United States; 
to regulate the alloy and value of coins issued by Congress or the 
States; to fix the standard of weights and measures; to regulate 
relations with the Indians; to establish post offices; to appoint 
and commission the higher officers of the army, and all naval 
officers; and to make rules for the government of the land and 
naval forces. The Articles also provided for interstate rights of 
citizenship, for the extradition of criminals, and for according full 
faith and credit in each commonwealth to the judicial acts and 
proceedings of all other commonwealths. For the exercise of the 
most important of these powers the consent of nine States was 
necessary; and all questions (with the exception of adjourning 
from day to day) required the assent of a majority of the States. 

268. Defects of the Confederation. The government 
established by the Articles of Confederation was fatally defective 
both in organization and in powers. The concentration 
of all governmental authority in a legislature consisting structure 
of a single house, the absolute equality in Congress of 
all States large or small, the short term of the delegates, coupled 
with the provision for their payment by the Slates and the right 


212 


GOVERNMENT AND POLITICS 


of recall, and finally the provision requiring the assent of nine 
commonwealths for all important legislation, and the consent of 
all for any amendment of the Articles, — these constituted most 
serious defects in the structure of government, defects which could 
only be remedied by a new constitution. 

But the most fatal weakness of the Confederation government 
was that the nominally large powers of Congress could not be 
Lackol brought to bear directly upon the individual citizen, 
necessary The general government could reach the individual 
powers thi-ough the action of the State governments; and 

it had no power to coerce a State. Congress might declare war, 
and make requisitions upon the States for their quotas of troops; 
but it could not enlist a single soldier. Congress might incur in¬ 
debtedness, and ask the States for the sums necessary for the 
support of government; but it could not raise a dollar by taxa¬ 
tion. Congress could make treaties, but it could not compel 
their observance by the States. In short, as one writer has said. 
Congress could declare everything but do nothing. 

269. Failure of the Confederation Government. Even 
under the stress of war and the pressure of common dangers, the 

Confederation government was feeble and inefficient; 
revenue^^^ and wdth the return of peace it soon lapsed into a state 

of impotence. One historian asserts that “tlie period 
of five years following the peace of 1783 was the most critical 
moment in all the history of the American people.” ^ Foremost 
among the causes wdiich led to the breakdowm of the Confedera¬ 
tion was its lack of powar to raise money with which to pay the 
national debt (amounting to about $42,000,000), or even to secure 
the funds necessary for the ordinary expenses of government. Re¬ 
venue could be secured only through requisitions upon the States; 
but in the years 1782-83, requisitions amounting to $10,000,000 
yielded less than $1,500,000. As a result Congress could not pay 
the large foreign debt nor even the soldiers of the Continental Army, 
save in certificates of indebtedness. In 1783 Congress found itself 
forced to leave Philadelphia and take refuge at Princeton, on ac¬ 
count of the riotous conduct of some eighty Pennsylvania soldiers of 
the line, who had become mutinous at their failure to receive pay. 

Another serious weakness of the Confederation arose from its 
Commerce lack of power to regulate commerce, either foreign or 
^elgn domestic. Each State taxed imports as it chose, with 

relations the result that foreign and domestic commerce was in 
a state of chaos. Moreover, while Congress nominally had power 

I Fiske. John, The Critical Period of American History, p, 55. 


ORIGIN OF THE FEDERAL GOVERNMENT 213 

to conclude treaties, foreign countries declined to negotiate with 
a government powerless to compel their observance. Thus “our 
diplomacy failed because our weakness had been proclaimed to 
the world. We were bullied by England, insulted by France and 
Spain, and looked askance at in Holland.” ^ 

Within the commonwealths, industrial and commercial distress 
everywhere abounded, and in some sections social disorders threat¬ 
ened the annihilation of all government. Nearly all the 
States were issuing worthless paper money; several SsordS 
had passed laws impairing the obligation of contracts; 
and finally, in Massachusetts a large portion of the debtor class 
took up arms to prevent the holding of courts and the collection 
of debts (Shays’ Rebellion, 1786-87). Everywhere State was ar¬ 
rayed against State, section against section; New England against 
the South over the question of trade with Great Britain, the East 
against the West on the subject of commerce with Spain and the 
navigation of the Mississippi. 

Attempts were made in 1781 and again in 1783 to amend the 
Articles so as to confer upon Congress power to levy duties upon 
imported goods; but each time the amendment was Attempts 
defeated by the selfish opposition of a single State — to amend 
Rhode Island refusing to consent to the first proposal, 
and New York to the second. In 1784 Congress proposed a third 
amendment giving it power to pass commercial laws discriminat¬ 
ing against foreign countries which refused to make commercial 
treaties with the United States — a measure aimed particularly 
at Great Britain; but to this plan several States refused assent. 

By 1785 it was apparent that the Confederation was on the 
verge of collapse. Congress had declined both in numbers and 
character. The ablest men would no longer consent to collapse of 
serve as delegates, and it was almost impossible to se- the Con- 
eure a quorum for the transaction of business. “There 
is in America no general government,” reported the agent of 
France in 1784; and the statement was almost literally true. 
Congress was powerless to compel Great Britain to carry out 
the provisions of the peace treaty, or to secure their observance 
on the part of the States. The Confederation government could 
command neither respect abroad nor obedience at home; and 
by 1786 its break-down was so complete that it was plain that 
the union must be strengthened, or give way to a condition of 
anarchy and civil war. 

‘ Fiske, John, The Critical Period of American History, p. 155. 


21i 


GOVERNMENT AND POLITICS 


GENERAL REFERENCES 

Ashley, R. L., The American Federal State (1903), ch. iv. 

Beard, C. A., American Government and Politics (1910), ch. ii. 

-- Readings in American Government and Politics (1910), ch. ii. 

Charming, Edward, History of the United States (1918), pp. 431-493. 
Curtis, George T., Constitutional History of the United States. 

Fiske, John, The Critical Period of American History (1888). 

Frothingham, Richard, The Rise of the Republic of the United States (1872). 
Hart, A. B., American History told by Contemporaries (1906), ii, chs. xxiii- 
XXV, xxxiii; III, chs. vi-ix. 

- Formation of the Union (1893), chs. iii-v. 

Howard, G. E., Preliminaries of the Revolution (1905), chs. yii-xi, xiv-xvii. 
McLaughlin, A. C., The Confederation and the Constitution (1905), chs. 
III-XI. 

Schouler, James, Constitutional Studies (1904), pp. 70-98. 

- History of the United States (rev. ed. 1894), i, ch. i. 

Sparks, Edwin E., The United States of America (1904), i, chs. i, iv. 

Story, Joseph, Commentaries (5th ed., 1905), secs. 198-271. 

Thorpe, F. N., The Constitutional History of the United States (1901), chs. 

I-VIII. 

Van Tyne, C. H., The American Revolution (1905), ch. xi. 


QUESTIONS AND EXERCISES 

1. Prepare a report upon the formation and history of the New England 
Confederation. 

2 . Discuss fully the proposed union of 1754. (Frothingham, Richard, 
Rise of the Republic of the United States; MacDonald, William, Select 
Documents, i, 253-257.) 

3. Prepare a report upon the work of the committees of correspondence. 

4. Which body exercised greater authority, the Second Continental 
Congress or the Congress under the Articles of Confederation? 

5. Why is the government under the Continental Congress called a de 
facto government? 

6 . What were the causes of armed resistance to Great Britain as set 
forth in the Declaration adopted by the Second Continental Congress? 
(MacDonald, William, Select Documents, i, 374-381.) 

7. What great territorial ordinance was adopted by Congress under the 
Articles of Confederation? 

8. Describe the commercial discriminations of the States under the 
Articles of Confederation. (Fiske, John, Critical Period of American 
History, pp. 142-147.) 


4 





CHAPTER XIX 


THE FORMATION OF THE CONSTITUTION 

270. The Alexandria Conference (1785). Many events, 
including Shays’ Rebellion and the failure of the proposed im¬ 
post amendment, combined to bring about the Con¬ 
stitutional Convention of 1787; but the immediate 

cause was the effort of certain States to reach an agree¬ 
ment concerning matters of navigation and commerce. Two years 
earlier (March, 1785), commissioners appointed by Maryland 
and Virginia had assembled at Alexandria to form an agreement 
concerning the navigation of Chesapeake Bay and the rivers 
common to both States. They also took up other matters of gen¬ 
eral policy, recommending to the two States uniformity of com¬ 
mercial regulations and a uniform currency. The commissioners 
realized that the consent of the other commonwealths was neces¬ 
sary in order to make these recommendations effective; and the 
assemblies of Maryland and Virginia accordingly proposed that 
commissioners from all the States be invited to meet in a general 
convention for the purpose of adopting uniform commercial reg¬ 
ulations. 

271. The Annapolis Convention (1786). In response to 
the invitation of Virginia, twelve commissioners representing 
five States ^ — New York, New Jersey, Pennsylvania, Delaware, 
and Virginia — convened at Annapolis in September, 178G. The 
commissioners saw clearly that no important results could be ac¬ 
complished unless more States were represented; and they realized 
that the subject of commerce was intimately connected with 
other matters likewise in need of adjustment. 

Accordingly, the convention adopted a report, probably drawn 
by Hamilton, recommending that a general convention be held 
at Philadelphia on the second Monday of May, 1787, 

“to take into consideration the situation of the United constltu- 
States,” and to devise the measures “necessary to 
render the constitution of the federal government ade¬ 
quate to the exigencies of the Union.” This report was addressed 

* Nine States had selected commissioners, but only those from five States attended. 


216 


GOVERNMENT AND POLITICS 


to the legislatures of the five States represented, and copies were 
also sent to Congress and to the executives of the other eight 
commonwealths. Congress hesitated for some time to indorse 
the recommendation for a convention; but at length, after several 
States had appointed delegates, adopted a resolution (Febru¬ 
ary 21, 1787), declaring the desirability of calling a convention 
on the second Monday of the following May, “for the sole and 
express purpose of revising the Articles of Confederation.” 

272 . The Constitutional Convention ( 1787 ). All the States 
except Rhode Island were represented in the Constitu- 
Persennei tional Convention, which held its sessions at Phil- 
oitho adelphia from May 25 to September 17, 1787. 

Fifty-five delegates were at one time or another 
in attendance,^ including many of the ablest leaders and 
statesmen of the day. Of these nine had been signers of the 
Declaration of Independence; while all except twelve had 
served at some time in Congress, and eighteen were then 
members. Prominent among the delegates were George 
Washington, Benjamin Franklin, James Madison, Edmund 
Randolph, Alexander Hamilton, James Wilson, Gouver- 
neur Morris, William Paterson, Elbridge Gerry, Roger 
Sherman, Oliver Ellsworth, John Dickinson, Luther Martin, 
Charles Pinckney, Charles Cotesworth Pinckney, and 
others of less note, but representing the best talent and 
thought of the country. 

273 . Organization. The date of the convention had been 
originally fixed at May 14, 1787, but it was not until 
Officers and May 25 that delegates from a majority of the 
procedure States were present. On this date an organization 
was effected by unanimously choosing George Washington as 
president, and William Jackson, secretary. It was decided 
that the convention should sit behind closed doors, and 
that all of its proceedings should be kept secret. As in 
the Confederation Congress, each State was to have one 
vote; and seven States were to constitute a quorum. 

274. The Contest over Nationalism. The business of the 

* In all, sixty-two delegates had been appointed. 


THE FORMATION OF THE CONSTITUTION 217 


convention commenced on May 29, when Edmund Ran¬ 
dolph presented the so-called “Virginia plan’* Thevir- 
drafted by James Madison — the plan of gov- 
ernment which was destined to form the basis of the con¬ 
stitution. The fundamental feature of this plan was, that 
it aimed to create a national government, consisting of 
legislative, executive, and judicial departments; and this 
government was to operate directly upon individuals, in¬ 
stead of upon the several States. Representation in both 
branches of the national legislature was to be proportioned 
either to the quotas of contributions by each State, or to 
the number of free inhabitants. The national legislative 
power was to extend to all matters concerning which the 
commonwealths separately were incompetent to legislate; 
that is, where individual State legislation would be incon¬ 
sistent with the public good. Furthermore, the national 
legislature was to have the important power of vetoing 
any State laws contravening the national constitution, or 
any treaty made by the national government. Thus the Vir¬ 
ginia plan contemplated the abandonment of the Articles 
of Confederation, and the establishment of a vigorous and 
efficient national government. 

Many members, especially the delegates from the smaller 
commonwealths, were opposed to the establishment of 
such a government. They wished only to revise New Jersey 
the Articles of Confederation, leaving the States 
sovereign as before in most practical concerns. They pro¬ 
posed to give Congress additional powers over commerce 
and revenue, and to establish a federal executive and a 
system of national courts; but they desired to reserve to 
the States all other powers not expressly delegated. The 
views of these delegates were embodied in resolutions 
submitted to the convention by William Paterson of New 
Jersey, and known as the New Jersey plan.^ 


* Two other plans were presented to the convention — one drawn by Charles Pinckney, 
the other by Alexander Hamilton. 


218 


GOVERNMENT AND POLITICS 


275 . The Great Compromise. In the debates that en¬ 
sued, the question which aroused earnest and at times bit- 
Proportionai discussion was that of representation accord- 
represonta- ing to population in both branches of the national 

legislature. Small commonwealths like Connecti¬ 
cut and New Jersey feared that proportional representa¬ 
tion would mean that the national government would be 
dominated by the large States. On the other hand, dele¬ 
gates from the large commonwealths claimed that population 
was the only just basis for representation, and that it was 
unfair for the forty thousand people of Delaware to have 
the same voice in the national council as the half-million 
people of Virginia. This dispute marked the most critical 
period in the proceedings, and for a time it seemed that 
the convention was on the point of being dissolved. The 
crisis was finally averted by a compromise introduced 
by Sherman of Connecticuti^roviding that representation 
in the lower house should be proportioned to population, 
and that this branch should have the exclusive right to 
originate revenue bills; while in the upper house the States 
were to be equally represented. To this the large States 
reluctantly agreed, and the first great compromise of the 
constitution was effected. Assured of an equal voice in 
the upper house of the legislature, the small States were no 
longer opposed to the establishment of a strong national 
government; and from this point on the proceedings were 
more harmonious. 

276 . The Three-Fifths Compromise. Another import¬ 

ant compromise was over the question of representation 
Theijasisoi lower house; here the line of division was 

"presenta- between the slaveholding and the non-slavehold¬ 
ing States. A considerable part of the population 

of the Southern States consisted of slaves, and the delegates 
from these commonwealths insisted that slaves should be 
counted in apportioning their quotas of Representatives; 
while the Northern delegates insisted that if the slaves 


THE FORMATION OF THE CONSTITUTION 210 


were property, they could not be counted as persons. It 
had already been decided that direct taxes were to be ap¬ 
portioned upon the same basis as Representatives; and this 
dispute was finally compromised by the adoption of the 
three-fifths rule,^ according to which five slaves were to 
be counted as the equivalent of three white persons for the 
purpose of apportioning both Representatives and direct 
taxes. This compromise proved in the outcome a distinct 
advantage to the South; for direct taxes were levied only 
five times prior to the Civil War, while during this entire 
period the South by virtue of its slave population had the 
benefit of a largely increased representation in Congress. 

277 . Navigation Acts and the Slave Trade. A third 
compromise also had its basis in the difference between 
the occupations and domestic institutions of the Commercial 
North and the South. Commerce and shipbuild- 
ing were the chief industries of New England; iatorests 
while at the South, agriculture carried on by slave labor 
was practically the sole occupation. The commercial States 
desired regulation of commerce by the national government 
in order that American commerce and shipping might be 
protected from foreign discrimination; but certain slave¬ 
holding States — especially South Carolina — feared that 
unless a two-thirds vote was required to pass laws relating 
to commerce, the national government might tax or even 
entirely prohibit the slave trade. The South also feared 
that Congress might tax exports, thus laying a heavy bur¬ 
den upon its agriculture staples. The problem was finally 
solved by vesting in Congress power to regulate commerce 
by a majority vote, but forbidding the enactment of any 
law prohibiting the importation of slaves prior to 1808 (al¬ 
though a per capita tax of ten dollars might be levied upon 
each slave imported).^ The taxation of exports by the 
States or by Congress was absolutely forbidden. 

1 The three-fifths ratio had been suggested by the Confederation Congress four years 
before. It had proposed that in apportioning the amount to be paid by the respective States, 
three fifths of the slaves should be counted. 

* As part of this arrangement it was agreed that slaves escaping from one State tc 
axiolhcr should be returned to their owners. 


220 


GOVERNMENT AND POLITICS 


278 . Other Compromises and Modifications. Many other 
adjustments were found necessary in order to settle con- 
Eiection Aicting views among the delegates, so that it may 
and term oi indeed be said that the constitution is made up of 
President ^ series of compromises. By one of these the elec¬ 
tion of the President was entrusted to the electoral college, 
and by another the presidential term was fixed at four years 
instead of seven. The resolutions offered by Randolph 
formed the framew^ork of the constitution; but with these 
were incorporated six provisions from the New Jersey 
I)lan, together with perhaps twenty suggestions emanating 
from Pinckney. 

One modification of the original Virginia plan is espe¬ 
cially important, namely, the rejection of the proposal to 
Constitution confer upon the general government the right to 
da^nta?' negative State laws. In its place was substituted 
a clause from the New Jersey plan declaring the 
national constitution, laws, and treaties to be the supreme 
law of the land, binding upon the judges in every State, 
“anything in the constitution or laws of any State to the 
contrary notwithstanding.” ^ This provision lessened the 
danger of a clash between federal and State governments; 
for the decision in case of a conflict of laws is made a judi¬ 
cial, rather than a political question. Since the federal 
constitution is the fundamental law of the land, all other 
laws must conform thereto; and the constitution, like other 
laws, is enforceable in the courts. The federal judiciary 
has jurisdiction over all cases arising under the federal 
constitution, laws, and treaties; and therefore has the final 
decision on all questions of constitutional interpretation. 
No other single provision of the constitution has worked 
more successfully in practice, or received more praise from 
foreign critics. This clause has made our government es¬ 
sentially one of law, rather than a government of men — 
thus ending the struggle commenced by the English barons 
against King John at Runnymede. 

* Constitution, Art. vi, Par. 2. 


THE FORMATION OF THE CONSTITUTION 221 


279 . Sources of the Constitution. The federal constitu¬ 
tion has been characterized by a great British statesman ^ 
as “the most wonderful work ever struck off at Anadapta- 
a given time by the brain and purpose of man’’; {^aiexpert-' 
and for many years the generally accepted theory 

was, that a great part of our constitution was invented by 
the convention of 1787. Historical research has since 
shown that nearly every provision of the federal consti¬ 
tution had its origin in British or colonial precedents. 
The great achievement of the federal convention was in 
its skillful adaptation of former political experience to 
existing conditions. The British constitution, and still 
more, the colonial charters and State constitutions, furn¬ 
ished precedents of the highest value. By carefully work¬ 
ing over the materials of old forms, rejecting that which 
had been tried and found wanting, moulding together 
familiar features that had proven valuable, a constitution 
was framed which is essentially a work of adaptation, en¬ 
largement, and emphasis, rather than one of creation. 
This very fact is the greatest tribute to the far-sighted crafts¬ 
men of the federal convention; for if the new instrument 
of government had not been deeply rooted in the political 
experience of the race, it would not have outlived the con¬ 
stitutions of so many European states, surviving the po¬ 
litical and economic changes of more than a century, and 
meeting the supreme tests of foreign invasion and of civil 
war. 

280. Completion of the Convention’s Work. On Sep¬ 
tember 8 , the provisions of the constitution already agreed 

upon were sent to a committee of revision. A ^ „ 

^ . Final draft 

prominent member of this committee was Gou- 

verneur Morris, to whose pen is due the lucid style and 
orderly arrangement of the instrument. Four days later 
the constitution came back for final consideration and re¬ 
vision, and after a few minor changes it was completed 

* Gladstone, in North American Review, cxxvii. p. 186. 


222 


GOVERNMENT AND POLITICS 


September 17, 1787. Several delegates had meanwhile 
left the convention, and only forty-two of the fifty-five 
members were present. Of these, thirty-nine signed the 
constitution, and Washington as president of the conven¬ 
tion was authorized to transmit the document to the Con¬ 
gress of the Confederation, with the recommendation that 
the question of its adoption be submitted to conventions 
of delegates chosen by the people of the several States. 
Thereupon the convention adjourned, and the great ques¬ 
tion of ratification was before the people for decision. 

281 . Ratification. Immediately upon publication of the 
new constitution, the contest over ratification commenced. 

„ In the ranks of the opposition were some of the 

Opposition . . 1 X 

greatest names of the Revolutionary period. In 
Virginia the opposition was led by Patrick Henry, who 
feared that the constitution would lead to the annihilation 
of the States, and the destruction of the liberties of the 
people; and he was ably supported by Richard Henry Lee, 
George Mason, and James Monroe. In New York, the new 
plan of government was bitterly opposed by George Clin¬ 
ton, then governor of the State, and also by Robert Yates 
and John Lansing, delegates who had left the Constitu¬ 
tional Convention when the vote was announced commit¬ 
ting that body to a new constitution. Among the opponents 
of the constitution were many who conscientiously believed 
that its provisions threatened the welfare and even the 
existence of the States; as well as a considerable number of 
politicians who feared that their influence would be di¬ 
minished by the establishment of a new federal government. 
Also arrayed against the constitution was a considerable 
class opposed to the establishment of any government with 
power to protect property, to enforce the discharge of pub¬ 
lic and private debts, and to prevent further issues of dis¬ 
honest paper money. 

The Federalists, as the supporters of the new constitu¬ 
tion styled themselves, included the great majority of the 


THE FORMATION OF THE CONSTITUTION 223 


professional classes, as well as the property-holders, mer¬ 
chants, and conservatives, who welcomed the pros- supporters 
pect of a strong national government. In Virginia con- 
the prominent supporters of the constitution were 
James IMadison and Edmund Randolph, aided by John 
Marshall, later the greatest chief justice in our history; and 
the potent influence of Washington was also exerted in its 
behalf. In New York the foremost Federalist was Alexander 
Hamilton, ably seconded by John Jay. 

The press of the days abounded in publication designed to 
influence public opinion favorably or otherwise concerning 
the new constitution. The most noteworthy of The 
these publications consists of a collection of es- 
says which are now published under the title of “ The Fed¬ 
eralist.’’ These essays, eighty-five in number, were designed 
especially to gain supporters to the new constitution in the 
close State of New York. They were written by Madison, 
Hamilton, and Jay, and published in a New York news¬ 
paper mider the common signature of “ Publius.” Even 
at this day “ The Federalist ” remains the greatest com¬ 
mentary upon the constitution ever written. 

The Delaware convention was the first to accept the new 

constitution, and its ratification was prompt and unanimous 

(Dec. 6, 1787). In Pennsylvania the influence of 

Wilson and Franklin secured ratification by a vote state 

- „ . 1 -vT T /-I • conventions 

of forty-six to twenty-three. New Jersey, Deorgia, 

and Connecticut followed. Massachusetts, after a sharp 
struggle, ratified by a vote of one hundred and eighty-seven 
to one hundred and sixty-eight. Maryland and South Caro¬ 
lina followed, increasing the number of ratifications to eight; 
so that if one more State could be obtained, the constitution 
would take effect among the nine thus ratifying. While a 
protracted contest was being waged in the New York and 
Virginia conventions. New Hampshire ratified, and the fate 
of the constitution was no longer in doubt. Virginia next 
ratified by a plurality of ten. In New York, ratification 


GOVERNMENT AND POLITICS 


««4 


was finally wrested from a hostile convention by the splen* 
did leadership of Hamilton; and by a vote of thirty to 
twenty-seven, New York accepted the constitution (July, 
1788). 

The first North Carolina convention by a close vote re¬ 
fused either to ratify or reject the constitution; and this 
North Caro- State did not come into the Union until November, 
Rhod”*^ 1789, after the new government had been some 
Island months in operation. Rhode Island did not ac¬ 
cept the constitution until May, 1790, her ratification 
being hastened by the fact that Congress in fixing duties 
upon imports treated this commonwealth as foreign ter¬ 
ritory. 

After nine States had ratified, the Congress of the Con¬ 
federation adopted a resolution fixing the first Wednesday 
New gov- ^ March as the date of the inauguration of the 
emment In new government. As the first Wednesday was the 
existence March, that date became fixed for 

the beginning and the end of the presidential and Con¬ 
gressional terms. The city of New York was named as the 
temporary seat of government. After some delay, owing 
to the fact that a quorum was not present in either branch, 
the two houses assembled on April 6 , 1789, for the purpose 
of counting the electoral vote. It was found that Washing¬ 
ton was the unanimous choice for President, and John 
Adams with one half as many electoral votes became Vice- 
President. On April 30, Washington was inaugurated, and 
the new government was fully established. 


GENERAL REFERENCES 

Bancroft, George, History of the United States (1883-1885), vi, 195-474. 
Beard, C. A., American Government and Politics (1910), ch. iii. 

- Readings in American Government and Politics (1910), ch. iii. 

Cambridge Modem History (1903), vii, pp. 243-304. 

Curtis, George T., Constitutional History of the United States (1903) i 
pp. 225-256. ’ ’ 

Farrand, Max, “Compromises of the Constitution,” American Historical 
Review, ix, pp. 479-489. 



THE FORMATION OF THE CONSTITUTION m 

Fiske, John, The Critical Period of American History (1888), chs. vi-vii. 

Hamilton, Madison, and Jay, The Federalist (ed. by Lodge, H. C., 1904). 

Hart, A. B., American History told by Contemporaries (1906), iii, chs. 9-12. 

Landon, Judson S., The Constitutional History and Government of the 
United States (1905), pp. 65-124. 

McLaughlin, A. C., The Confederation and the Constitution (1905), chs. 
xi-xviii. 

McMaster, John B., History of the People of the United States (1907), i, 
pp. 390-453. 

Schouler, James, History of the United States (1894), i, ch. i. 

Sparks, Edwin E., The United States of America (1904), i, chs. v-vi. 

Story, Joseph, Commentaries on the Constitution of the United States (5th 
ed., 1905), I, secs. 272-305. 

Thorpe, Francis N., The Constitutional History of the United States (1901), 
I, 291-595. 

Tucker, John R., The Constitution of the United States (1899), i, 325-337. 
QUESTIONS AND EXERCISES 

1 . Discuss the reasons which made a new constitution imperative. {The 
Federalist, nos. xv, xvi, xxi, xxii.) 

2 . In what respect was it fortunate that the Articles of Confederation 
could not be readily amended? 

3. Discuss the efforts to amend the Articles of Confederation. (Kaye, 
P. L., Readings, pp. 39-44.) 

4. Mention an important public service performed by each of the dele¬ 
gates named in Section 272. 

5. Which were the “small States” at the time of the Constitutional 
Convention? 

6 . Compare the New Jersey plan with the Articles of Confederation. 
In what respects was the New Jersey plan an improvement? (Madi¬ 
son, Debates, pp. 163-167.) 

7. Compare the Virginia plan with the federal constitution, noting which 
features of the Virginia plan were adopted and which ones eliminated. 
{Madison, Debates, pp. 59-64.) 

8 . Explain how the constitution corrected the chief defects of the gov¬ 
ernment under the Articles of Confederation. 

9. Was the compromise on the subject of representation an equitable one? 

10 . Prepare a report upon the several plans proposed in the convention 
for electing the President. 

11 . Point out analogies betvreen our constitution and that of Great Britain; 
between the federal constitution and the early State constitutions. 

12 . Discuss the work of the Committee on Detail. (Madison, Debates, 
pp. 449-462.) 

13. Prepare a report upon the contest over ratification. (LandoDp J. S., 
Constitutional History of the United States, pp. 89-124.) 


CHAPTER XX 


THE AMENDMENT AND DEVELOPMENT OF THE 
CONSTITUTION 

282 . Modification of the Original Constitution. The 

federal constitution as it exists to-day differs little in form 
Amendment, from the instrument framed in 1787; but in reality 
Uonl^?' original constitution has been modified so as 

usage -j-Q keep pace with the great social and industrial 
changes of the last century. This modification has been 
effected in three ways: ( 1 ) by amendment, in accordance 
with the method provided in the instrument itself; ( 2 ) by 
interpretation, that is, the construction placed upon its 
terms by the three departments of government, especially 
the judiciary; (3) by the development of a body of political 
usages and customs,^ which, although not in conflict with 
its terms, materially modify its spirit and workings. 

283 . Process of Constitutional Amendment. Of these 
three ways of modifying the constitution, that by amend- 
Proposai ment is the most direct and effective, but also the 
andrau- most difficult of application. Article V of the 

constitution provides two methods by which 
amendments may be proposed: first, by a vote of two 
thirds of each house of Congress; ^ or second, by a con¬ 
vention called by Congress on application of the legis¬ 
latures of two thirds of the States. Amendments proposed 
by either method must be ratified by three fourths of the 
States. This ratification may be made either by the State 
legislatures, or by special State conventions, according 
as Congress proposes the one or the other mode of rati¬ 
fication. Thus far seventeen amendments have been made 

1 Sometimes called the “conventions” of the constitution. 

"• The President’s approval is not necessary to a proposed constitutional ameudmeut. 


DEVELOPMENT OF THE CONSTITUTION 227 


to the constitution, all of which have been proposed by 
Congress and ratified by the State legislatures. 

284 . The Bill of Rights. In the contest over the ratifica¬ 
tion of the constitution, one of the objections most fre¬ 
quently heard was the lack of a bill of rights guar- purpose 
an teeing the liberties of the individual, as well as 

the rights of the States, against federal oppression. Accord¬ 
ingly, at its first session in 1789, Congress prepared and 
submitted to the States twelve amendments placing express 
limitations upon the powers of the federal government. Ten 
of these were ratified by the requisite number of States, 
thereby becoming a part of the constitution (1791). Of 
these amendments, the first eight are designed to guarantee 
to individuals certain fundamental rights concerning which 
the constitution itself makes no provision. The ninth and 
tenth amendments confirm the principle that the govern¬ 
ment of the United States is one of enumerated powers, 
those powers not conferred by the constitution being re¬ 
served to the States or to the people. 

285 . The Eleventh Amendment. The eleventh amend¬ 
ment was adopted in 1798, in consequence of the decision of 
the United States Supreme Court ^ that a State poderai 
like an individual was liable to be sued in a federal l^^^sdiotion 
court by a citizen of another State or of a foreign country. 
The eleventh amendment reversed this construction by 
providing that the federal judicial power should not be 
construed to extend to any suit against a State by citizens 
of another State or foreign country. 

286 . The Twelfth Amendment. The twelfth amend¬ 
ment introduced a change in the method of electing the 
President and Vice-President, and was adopted in presidential 
consequence of the election of 1800. The original 
section of the constitution provided that electors were to 
cast their ballots for two persons without specifying which 
should be President and which Vice-President. The influ- 


* Chisholm v. Georgia, 2 Dali. 419, 


«28 


GOVERNMENT AND POLITICS 


ence of the party system made it necessary to modify this 
provision, so that the electors could designate explicitly 
their choice for each office; for otherwise a tie vote might 
result. Accordingly the twelfth amendment, adopted in 
1804, provided that the electors should cast separate ballots 
for each officer. 

287 . Amendments since the Civil War. The reconstruc¬ 

tion amendments (the thirteenth, fourteenth, and fifteenth) 
Slavery added to the constitution in consequence of 

citizenship, the Civil War. The thirteenth amendment abol- 
and suffrage slavery throughout the United States and 

all places subject to its jurisdiction. The fourteenth defines 
citizenship, and seeks to prevent the States from discrim¬ 
inating against certain classes of citizens. The fifteenth 
declares that the right of citizens of the United States to 
vote shall not be denied or abridged on account of race, 
color, or previous condition of servitude. 

In 1895 the power of Congress to tax incomes was denied 
by the Supreme Court. In order that Congress might exer¬ 
cise this power, the sixteenth amendment was 
added to the constitution in 1913, authorizing 
Congress to tax incomes. 

The seventeenth amendment changes the method of elect¬ 
ing United States Senators. Prior to its adoption, Senators 
Election of were chosen by the legislatures of their respective 
Senators States. The seventeenth amendment (1913) pro¬ 
vides that they shall be elected directly by the voters. 

The eighteenth amendment (adopted in 1919) forbids 
the manufacture, sale, or transportation of intoxicating 
Prohibition liquors within the United States. The nineteenth 
amendment (1920) gives women the right to vote 
on equal terms with men. 

288 . Constitutional Changes through Interpretation. 
Influence of The constitution has also been modified and ex- 
judiciary ponded through interpretation, especially through 
the construction placed upon its terms by the United 


Income taz 


and 

suffrage 


DEVELOPMENT OF THE CONSTITUTION 229 


States Supreme Court. The importance of this tribunal in 
the development of the federal constitution can hardly be 
overestimated. “ The constitution speaks of the age in 
which it was written, more than a century ago. The court 
expounds it in the language of its own age, holding fast to 
the old words and powers, but expanding them to keep pace 
with the expansion of our country, our people, our enter¬ 
prises, industries, and civilization. Great controversies arise 
over questions and conditions impossible for the framers 
of the constitution to have anticipated. What would they 
have thought, if one had asked them whether a State law 
regulating the transmission or taxation of telegraphic mes¬ 
sages would be unconstitutional, because encroaching upon 
the power of Congress to regulate commerce among the 
States? Plainly, a constitution made a century ago might 
well be expected to prove inadequate to the wants of the 
ever increasing population of the United States. That such 
is not the case is remarkable evidence of its wisdom, and 
also of the wisdom of its exposition.” ^ 

289. The Doctrine of Implied Powers,. In the inter¬ 
pretation and expansion of the constitution, the doctrine 
of implied powers has been of the utmost impor- Basis oi im- 
tance. The Supreme Court has uniformly held powers 
that the federal government possesses not only the powers 
expressly granted in the constitution, but also those which 
are included within, or necessarily implied from, powers 
expressly granted. In other words, where it appears that 
a power has been granted to the federal government, the 
constitution is to be liberally construed so as to give ef¬ 
fect to the grant. This construction is authorized by the 
constitution itself, which declares that Congress shall 
have power to make all laws which shall be “ necessary 
and proper ” for carrying into execution the powers con¬ 
ferred upon the federal government.^ 


> Landon, J. S., The ConstiliUional History and Government of the United States, p. 273. 
2 Uonstitution, Art. i, Sec. 8, Par. 18# 


230 


GOVERNMENT AND POLITICS 


290 . Chief Sources of Implied Powers. The doctrine of 

implied powers has been developed chiefly in connection 

with three express powers: the taxing and borrowing power, 

Taxing and power to regulate foreign and interstate com^ 

borrowing merce, and the war power. The Supreme Court 
powers . . 

has held that under the taxing and borrowing 

power, Congress may create a system of national banks, 

issue paper money and make it a legal tender for all debts, 

and establish a tariff system. 

Similarly, the power to regulate commerce has been held 
to authorize laws regulating the transportation of goods 
Commercial and passengers between the States of the Union, 
power United States and foreign coun¬ 

tries; restricting or prohibiting immigration; establishing 
an Interstate Commerce Commission with large powers of 
control over interstate traffic; and providing for the con¬ 
struction of public works in aid of commerce. 

The war power has proven one of the most elastic of con¬ 
stitutional powers. Under this power, territory may be ac- 
The war quired and governed in accordance with the laws 
power Congress, as in case of the territory ceded at 

the close of the Mexican and Spanish-American wars.^ 
A striking illustration of the scope of the w’^ar power was 
during our great Civil War, when President Lincoln exer¬ 
cised almost despotic powers with the sanction of Congress 
and the nation; and the same has been true in even greater 
degree during our present war with Germany. 

291 . Constitutional Changes through Usage. Our con¬ 

stitution has also been largely developed and modified by 
Influence usage, that is, by long-continued customs, rules, 
of usage political practices, which have sprung up in 

connection with the constitution. These usages or customs 
are not laws, since they are not recognized or enforced by 
the courts; but they have almost the force of law, and often 


1 Territory may also be acquired under the treaty-making power; e.g., the purchas* 
of Louisiana, the Gadsden Purchase, and the purchase of Alaska. 


DEVELOPMENT OF THE CONSTITUTION 231 

materially modify the spirit and workings of the written 
constitution. 

292 . Influence of Usage upon the Executive. One of the 
most important of these usages or understandings has 
entirely changed the position of the presidential Presidential 
electors. The framers of the constitution in- 
tended that the electors should exercise a wise discretion 
in choosing the chief executive. In the first two presidential 
elections this intention was realized; but since 1800 it has 
been clearly understood that the electors shall not exer¬ 
cise independent judgment, but shall merely ratify the 
choice of the political party to which they belong. No law 
prevents an elector from voting contrary to the wishes of 
those who elect him, but such an act would be deemed a 
most serious breach of public trust. In this way the electoral 
system as originally planned has been entirely superseded 
by a usage or understanding requiring electors merely to 
register the vote of their party. 

Another unwritten rule having almost equal weight is 
that limiting the reeligibility of the President. The consti¬ 
tution places no restriction whatever on his re- Rggugjijii. 
eligibility. Washington declined a third term, ityofPres- 
partly on the ground that unlimited reeligibility 
is not in harmony with republican institutions. The ex¬ 
ample thus set was followed by Jefferson, and public 
opinion has indorsed the precedent so strongly that it is 
now unwritten law that a President may not serve more 
than two terms. 

The President’s power of appointment has likewise been 
largely modified through certain usages. In the case of im¬ 
portant appointments, ^ the President is generally power of 
obliged by custom to confer with the Senators and 
Representatives from the State where the appointee lives. 
In other words, Senators (if of the same political party as 
the President) claim the right to control the federal patron- 

• Except cabinet appointments, which are generally confirmed as a matter of course. 


m 


GOVERNMENT AND POLITICS 


age of their respective States. The written constitution 
vests the appointing power in the President; but the un¬ 
written rule of political practice has transferred a large 
part of this power to the Senate. 

Another important constitutional imderstanding is that 
with reference to the President’s power of removal. The 
Power of constitution makes no provision for removals 
removal except through the process of impeachment; and 
the question early arose whether the consent of the Senate 
was necessary to the removal of officers appointed with the 
consent of that body. The First Congress adopted the view 
that the power of removal belongs to the President alone, 
and this is now the settled rule upon this subject. 

Usage has likewise created the President’s cabinet, an 
institution unknowm to the written constitution.^ Custom 

* alone has determined that in addition to their 
The Cabinet 

duties as administrative officials, the heads of the 
various executive departments shall meet with the President 
as an advisory board, popularly known as the cabinet. 

293 . Usages affecting Congress. Congress, as well as the 
federal executive, has been affected by important usages. 
The com- Foremost among these is the committee system 
mittee sys- of legislation, which prevails in both branches of 
Congress. The committee system is entirely an 
outgrowth of custom, with no basis whatever in the written 
constitution; but it affects profoundly the character and 
work of the federal lawmaking body. 

The great political power of the Speaker of the House 
of Representatives is likewise due solely to usage. The con¬ 
stitution contemplates merely a presiding officer or moder- 
TheSpeaker President of the Senate; but political 

practice has decreed that the Speaker, through his 
control over debate and his position as a party leader, shall 


> The only reference to this subject is the clause providing that “the President may 
require the opinion in writing of the principal oflScer in each of the executive departments 
upon any subject relating to the duties of their respective offices.” — Constitution, Art. ii, 
Sec. Par. 1. 


DEVELOPMENT OF THE CONSTITUTION 233 


wield more influence in government than any other man 
except the President. 

An almost unvarying custom has added an additional 
qualification to those prescribed by the constitu- Regi^ence 
tion for Representative. This is the unwritten of Repre¬ 
rule requiring residence within the district 
which he represents, as well as residence within the State. 

294. Constitutional Modifications through the Party 
System. The development of the constitution has been 
profoundly affected by our system of political party 
parties. Although parties have grovTi up inde- 
pendently of the constitution and are nowhere contem¬ 
plated by its provisions, it is through the party system that 
the machinery of government is carried on. Thus through 
the agency of parties the Presidency has been made a rep¬ 
resentative institution, the candidates for that office being 
chosen in party conventions, and voted for by electors 
who merely register the choice of the voters. The influ¬ 
ence of the party system has also contributed largely to 
the importance of the Speakership; and partisan motives 
determine the composition of congressional committees, 
and profoundly affect legislation. Managing committees, 
local. State, and national, the party convention and the 
party caucus — in short, all the machinery of the party 
system — have long been fully established as part of the 
unwritten constitution. These and other usages form an 
integral part of our constitutional system; so that it may 
indeed be said that the written constitution provides only 
the skeleton of government, which custom and usage have 
transformed into a living organism. 


GENERAL REFERENCES 

Ames, H. V., “Amendments to the Constitution” (1891), American His* 
torical Association Papers, v, 253-263, 

Ashley, R. L., American Government (1903), ch. xix. 

Beard, C. A., American Government and Politics (1910), ch. iv. 

-- Readings in American Government and Politics (1910), ch. iv. 



234 


GOVERNMENT AND POLITICS 


Black, H. C., Handbook of American Constitutional Law (1897), pp. 41-45. 
Borgeaud, C., Adoption and Amendment of Constitutions (1895), pts. i, iii. 
Bryce, James, The American Commonwealth (1907), i, chs. xxxi-xxxv. 
Burgess, John W., Political Science and Comparative Constitutional Law 
(1902), I, pp. 142-154, 184-252. 

Cooley, Thomas M., Constiiutional Law (1898), ch. xii. 

Hamilton, Alexander, “Opinion on the Constitutionality of a National 
Bank” (Macdonald's Select Documents, ii, pp. 81-98). 

Lalor, J. J., Cyclopedia, articles on “Amendment, Constitution” (U. S.). 
Landon, J. S., The Constitutional History and Government of the United 
States (1905), ch. xv. 

Reinsch, P. S., Readings on the American Federal Government (1909), ch. xv. 
Schouler, James, Constitutional Studies (1904), pp. 190-203. 

Story, Joseph, Commentaries on the Constitution (5th ed. 1905), secs. 1857- 
1909, 1915-1974. 

Tiedemann, C. G., The Umvritten Constitution of the United States (1890). 
Tucker, John R., The Constitution of the United States (1899), ii, ch. xi. 
Woodburn, J. A., The American Republic and its Government (1908), pp. 
86-93, 122, 274, 391. 


QUESTIONS AND EXERCISES 

1 . Mention some of the principal constitutional amendments which have 
been proposed but not ratified. 

2 . What amendments were recently submitted to the States by Congress.^ 
By how many States did these amendments have to be ratified in order 
to become effective.? 

3. Is the process of amending the federal constitution too difficult.^ 
Give your reasons. 

4. Contrast the process of amending our constitution with the method of 
amending the British constitution. 

5. ('oinpare the first eight amendments to the federal constitution with 
the bill of rights in your State constitution. 

6 . Why impose express limitations upon the federal government if it 
c*an exercise only those powers which are expressly granted, or neces¬ 
sarily implied from the grant of express powers? 

7. Prepare a report upon the decision in the case of Chisholm v. Georgia 
(Section 285). 

8 . Give an account of the election of 1800, and explain why the tw'elfth 
amendment was necessary. 

9. Prepare a report upon the adoption of the thirteenth, fourteenth, and 
fifteenth amendments. 

10 . Diseuss the modification of the constitution by interpretation. (Bryce, 
James, The American Commonwealth, i, ch. xxiii.) 

11 . Discuss the development of the constitution by usage. (Bryce, James, 
The American Commonwealth i, ch. xxxiv.) 

12 . Prepare a report upon the usages or conventions of the British con¬ 
stitution. (Dicey, A. V., The Law of the Constitution (1902), ch. xiv.) 

13. Suggested readings on constitutional development: Kaye, P. L 
Readings, pp. 51-73. 


CHAPTER XXI 


RELATIONS OF FEDERAL AND STATE GOVERNMENTS 

295 . The Federal System. The great problem before the 
Constitutional Convention was not only to create a strong 
national government, but so to adjust its relations jfationai 
to the existing State governments as to produce and state 

a harmonious whole. This was accomplished 
through the adoption of the federal system under which 
two distinct governmental authorities exist, the one na¬ 
tional, the other State. Each of these agencies is intended 
to perform that part of the work of government for which 
it is best adapted, and both rest upon the same ultimate 
authority — that of the people of the United States. It 
was John Dickinson who first compared the federal plan 
to the solar system, pointing out that the national govern¬ 
ment resembled the sun and the States the planets, each 
moving in its respective orbit, a deviation from which 
would imperil the entire system.^ 

296 . General Distribution of Powers. In the division of 
powers between the national and State governments, the 
constitution assigns to the general government principle 
those functions which are essentially national in o^d^^isinn 
character, while the States are left in control of matters 
which directly concern their people as communities. Since 
it would be impossible to name in the federal constitution 
all the powers of both governmental agencies, only those 
of the national government are enumerated, all others — 
except those specifically prohibited — being left to the 
State governments or reserved to the people. 

• Madison’s Papers, Elliot’i Debates (2d ed.), v, 168. 


236 


GOVERNMENT AND POLITICS 


Accordingly the powers of government under our con¬ 
stitution may be grouped into five classes: — 

(a) Those vested exclusively in the national government. 

(b) Those reserved exclusively to the States. 

(c) Those powers (generally called concurrent) which 
may be exercised by either the national or State govern^ 
ments. 

(d) Powers denied to the national government. 

(e) Powers denied to the State governments. 



The ellipse represents the sum total 
of governmemtal powers. Circle a repre¬ 
sents powers delegated to the national 
government; circle 6, powers reserved to 
the State* ; segment c, concurrent powers; 
segment d, powers prohibited to the na¬ 
tional government; segment «, powers 
prohibited to the States. — Adapted 
from Tiedensann, C. G., The Unwritten 
Constitution of the United States. 


DISTRIBUTION OF GOVERNMENTAL POWERS 

297 . Powers ©f the National Government. To the na¬ 
tional government is entrusted control of foreign relations 
in general, including the making of war and peace; main¬ 
tenance of an army and navy; regulation of foreign and inter¬ 
state commerce; control of territories, naturalization, and 
bankruptcy; of coinage, currency, weights and measures; 
of post offices, post roads, copj^rights and patents; the 
establishment of federal courts; the punishment of offenses 
against federal law; the protection of citizens against un¬ 
lawful or discriminating legislation by any State; and the 
right to borrow money and to tax for national purposes. 

In exercising these powers, the authority of the national 
government is direct and immediate, operating not through 
Direct the agency of the States but directly upon indi- 

autiiority yiduals. Thus the national government does not 
call on the States for funds, but levies its own taxes. Nor 



THE FEDERAL SYSTEM 


237 


does it rely on the States to execute its commands; for the 
decrees of the national courts are executed by federal 
marshals, and in case of need the whole military power of the 
Union may be employed against persons who resist its laws. 

298 . Classification of Federal Powers. The powers of 
the national government are sometimes classified as express 

and implied. Express powers include those ex- „ 

. * Express and 

pressly enumerated m the constitution; while implied 

implied powers are those which by reasonable 
implication are included in, or result from, those expressly 
granted. Implied powers have the direct sanction of the 
constitution, which declares that Congress shall have power 
to make all laws which shall be necessary and proper for 
carrying into execution the powers vested in the national 
government. ^ 

299 . Interpretation of Federal Powers. Since the na¬ 
tional government possesses only those powers expressly 
or impliedly granted by the federal constitution, Riueof 

it follows that all doubts as to the existence of construction 
any power must be settled by reference to the terms of that 
instrument. In determining what acts are necessary and 
proper in the exercise of enumerated powers, a liberal 
interpretation has been applied by the United States Su¬ 
preme Court, the final arbiter upon constitutional ques¬ 
tions. ‘‘Let the end be legitimate, let it b® within the scope 
of the constitution, and all means which are appropriate, 
which are plainly adapted to that end, which are not pro¬ 
hibited, but consist with the letter and spirit of the consti¬ 
tution, are constitutional.” ^ 

Although the federal government is one of limited rather 
than of general powers, yet in the exercise of 
the powers granted it is supreme, and any con- oi federal 
flict between federal and State authority must be 
settled upon this principle. The language of the constitution 

> Constitution, Art. i. Sec. 8, Par. 18. 

* Chief Justice Marshall in McCulloch f), Maryland. 4 Wheaton, 346. 


238 


GOVERNMENT AND POLITICS 


is clear and unequivocal in pointing out the supremacy of 
federal law: “This constitution, and the laws of the 
United States which shall be made in pursuance thereof, 
and ali treaties made, or which shall be made, under the 
authority of the United States, shall be the supreme law 
of the land; and the judges in every State shall be bound 
thereby, anything in the constitution or laws of any State 
to the contrary notwithstanding.” ^ 

In order that the supremacy of the federal government 
may be maintained without danger of encroachment on 
Final arbiter the part of the States, the final interpretation as 
tionai^iliS- 1^0 its powers rests with the federal courts. While 
tions State courts may be called upon to construe the 

federal constitution as a part of the written law, the final 
decision in such cases is for the Supreme Court of the 
United States; and the interpretation of this court when 
rendered becomes a part of the supreme law, binding upon 
all other courts, and upon all individuals throughout the 
Union. 

300 . Powers of State Governments. In contrast with 
the federal government, the State government is one of 
General general powers. In determining whether a power 
nature oi is rightfully exercised by a State, the question is 
not whether the power is granted, but rather 
whether it is withheld. In other words, the States possess 
all powers of government except those which their own 
constitutions, or the federal constitution, explicitly or by 
plain inference withhold. They are the ordinary govern¬ 
ments of the country, the federal government being its 
instrument only for particular purposes. 


1 Article VI, Paragraph 2. — In expounding this provision it has been said: “If any 
one proposition could command the universal assent of mankind, we might expect it would 
be this: that the government of the Union, though limited in its powers, is supreme within 
its sphere of action. This would seem to result necessarily from its nature. It is a gov¬ 
ernment of all; its powers are delegated by all; it represents ail; and acts for all. Though 
any one State may be willing to control its operations, no State is willing to allow others 
to control it. The nation, on those subjects on which it can act, must necessarily bind its 
component parts.” — Marshall, Chief Justice, in McCulloch v. Maryland, 4 Wheaton, 
31<>, iO.i. 


THE FEDERAL SYSTEM 


239 


Thus the States have a large field of governmental action, 
important not only from the variety of subjects included, 
but also because of the direct relation of these classes 
powers to the individual. Practically the entire 
body of criminal and private law is regulated by the States, 
including laws against crime, and those regulating the per¬ 
sonal and property rights of individuals. The States also 
have complete charge of local government, of education, 
and of the elective franchise. They create and regulate 
corporations, supervise domestic commerce, make legal 
regulations concerning capital and labor, exercise the far- 
reaching police power, care for the weak and dependent 
classes, regulate marriage and divorce, maintain militias, 
establish systems of courts, borrow money, and levy taxes. 

301. Concurrent Powers. Most of the powers granted 
to Congress are vested exclusively in that body. The power 
vested in Congress is exclusive if it is made so by Exclusive 
the express language of the constitution; or if 

the constitution confers the power upon Congress and pro¬ 
hibits the States from exercising a like authority; or if the 
subject-matter of the power is national in character, and can 
be governed only by a uniform system. 

In a few cases the powers granted to Congress are not 
exclusive, but concurrent. In this field the States may 
pass laws which are valid until Congress sees fit concurrent 
to exercise the power with which it is invested, p®'^®” 
whereupon State laws are suspended, either wholly or so 
far as they are inconsistent with federal legislation. Thus 
the States control the subject of weights and measures in 
the absence of congressional action. Similarly, the States 
have passed laws on the subject of bankruptcy during those 
periods of our history when there was no federal bankruptcy 
act. The States may also provide by law for the punish¬ 
ment of counterfeiting, this being an offense against the 
State as well as the nation. 

302. Prohibitions upon the National Government. The 


^0 


GOVERNMENT AND POLITICS 


principal limitations imposed on the federal government 
General are set forth in Article i, Section 9, of the federal 
nature constitution, and in the first ten amendments. 
Most of these restrictions are designed either to protect 
individual liberty, or else to safeguard the States against 
discriminating legislation on the part of the federal govern¬ 
ment. 

303. Restrictions designed to protect Individual Liberty. 

Among the important limitations for the protection of the 
individual are the following: — 

(1) The privilege of the writ of habeas corpus may not be sus¬ 
pended unless in case of rebellion or invasion the public safety 
requires.^ 

(2) Congress may not pass a bill of attainder (depriving persons 
of life or property by legislative act), or enact any ex post facto 
law (making criminal an act which was not an offense when 
committed).^ 

(3) Congress may not define treason, since the definition of 
that word is placed in the constitution itself.® 

(4) No laws may be passed establishing or prohibiting any re¬ 
ligion, or abridging freedom of speech or of the press, or the right 
of the people peaceably to assemble and petition the government 
for a redress of grievances; or infringing upon the right of the 
people to keep and bear arms.^ 

(5) Soldiers may not be quartered in any house in time of 
peace without the consent of the owner; and security of the dwell¬ 
ing-house is further assured by prohibiting unreasonable searches 
and seizures, and restricting the method of issuing search-war¬ 
rants.® 

(6) No person may be tried for a capital or otherwise infamous 
crime unless on a presentment or indictment of a grand jury; or 
be subject for the same offense to be twice put in jeopardy of life 
or limb; or be compelled in any criminal case to be a witness 
against himself; or be tried otherwise than by an impartial jury 
of his State and district, with the right to be informed of the 
nature and cause of the accusation, to be confronted with the wit¬ 
nesses against him, to have compulsory process for obtaining 
witnesses in his favor, and to have the assistance of counsel for 
his defense.® 


* Constitution, Art. i, Sec. 9, Par. 2. 

* Ibid., Art. I, Sec. 9, Par. S. 

* Ibid., Art. HI, Sec. S, Par. 1. 


^ Ibid., AmeDdments i and ii. 

® Ibid., Amendments in and iv. 
^ Ibid., Amendments v and vi. 


THE FEDERAL SYSTEM 


241 


(7) Excessive bail may not be required, nor excessive fines im¬ 
posed, nor cruel and unusual punishments inflicted.^ 

(8) No one may be deprived of life, liberty, or property with¬ 
out due process of law, nor may private property be taken for 
public use without just compensation.^ 

(9) The right of trial by jury must be preserved in all common- 
law actions where the value in controversy exceeds twenty dollars; 
and no action determined by a jury may be reexamined other¬ 
wise than according to the rules of the common law.^ 

(10) Slavery and involuntary servitude (except as a punish¬ 
ment for crime) is prohibited within the United States, and all 
places subject to its jurisdiction.^ 

(11) The enumeration in the constitution of certain rights shall 
not be construed to deny or disparage others retained by the 
people.® 

(12) The powers not delegated to the United States by the 
constitution, nor prohibited by it to the States, are reserved to 
the States respectively, or to the people.® 

304. Other Limitations upon the Federal Government. 
Most of the remaining limitations are designed to protect the 
States against discriminating legislation by the federal 
government. Thus no capitation or other direct tax may inating 

be imposed except in proportion to the census.^ No 
duties or taxes may be levied upon exports from any 
State, nor may any commercial regulation give preference to the 
ports of one State over those of another.® Further, all import 
duties and internal revenue taxes must be uniform throughout 
the United States.® 

Finally, no title of nobility may be granted by the United 
States; and no person holding federal ofifice may, with- TlUesof 
out the consent of Congress, accept any present, office, nobility 
or title from any king, prince, or foreign state.^® 

305. Express Prohibitions upon State Governments. 
Prohibitions imposed upon the States are contained in Article I, 
Section 10, and in the thirteenth, fourteenth, and fif- protection of 
teenth amendments. Of these limitations the first the national 
class is designed to prevent the States from infringing 

upon the sphere of the national government. Thus no State may: 

(1) Enter into any treaty, alliance, or confederation; or, with- 


* Constitution, Amendment viii. 

* Ihid., Amendment v. 

* Ihid., Amendment vn. 

* Ihid., Amendment xiii. 

* Ihid., Amendment ix. 


® Ihid., Amendment x. 

^ Ihid., Art. i, Sec. 9, Par. 4. 

® Ihid., Art. i. Sec. 9, Pars. 5 and 6. 
® Ihid., Art i, Sec. 8, Par. 1. 

W Ihid., Art i, Sec. 9, Par. 8. 


242 


GOVERNMENT AND POLITICS 


out the consent of Congress, enter into any agreement or compact 
with another State or with a foreign power. 

( 2 ) Grant letters of marque or reprisal; or, without the con¬ 
sent of Congress, keep troops or ships of war in time of peace; or 
engage in war unless actually invaded, or in such imminent dan¬ 
ger as will not admit of delay. 

( 3 ) Coin money, emit bills of credit, or make anything but 
gold and silver coin a tender in payment of debts. 

( 4 ) Without the consent of Congress, lay any duty of tonnage, 
or lay any imposts or duties on imports or exports, except what 
may be absolutely necessary for executing inspection laws. 

306 . Second Class of Express Limitations. A second 
Protection of class of express limitations aims to secure private and 
individual political rights from encroachment on the part of the 
rights States. Thus no State may: 

( 1 ) Pass any bill of attainder, ex post facto law, or law impair¬ 
ing the obligation of contracts. 

( 2 ) Grant any title of nobility. 

(3) Establish or allow slavery or involuntary servitude, except 
as a punishment for crime whereof the party shall have been duly 
convicted.^ 

(4) Make or enforce any law which shall abridge the privileges 
or immunities of citizens of the United States.^ 

(5) Deprive any person of life, liberty, or property, without 
due process of law.^ 

( 6 ) Deny to any person within its jurisdiction the equal pro¬ 
tection of the laws.^ 

(7) Assume or pay any debt or obligation incurred in aid of 
insurrection or rebellion against the United States, or any claim 
for the loss or emancipation of any slave.^ 

( 8 ) Deny or abridge the right of citizens of the United States to 
vote, on account of race, color, or previous condition of servitude.® 

307 . Implied Limitations upon State Governments. In 

addition to the foregoing express prohibitions, certain other 
Exclusive limitations are implied either from express provisions of 
federal the federal constitution, or from the nature of the rela- 
powers between federal and State governments. Thus in 

some cases the powers granted to Congress are exclusive, either 
because so declared in express terms (as the power to exercise 
exclusive legislation over the seat of government); or because the 


1 Constitution, Amendment xni. 

* Ibid., Amendment xiv. 

* Ibid.. Amendment xiv. 


* Ibid., Amendment xiv. 
® Ibid., Amendment xiv. 

* Ibid.., Amendment xv. 


THE FEDERAL SYSTEM 


243 


subject-matter of the power is national in character, demanding 
a uniform system, and necessarily precluding any form of State 
action (as the power to establish a uniform system of naturaliza¬ 
tion). 

Similarly, the provisions defining the jurisdiction of the federal 
courts; securing to the citizens of each State all the privileges 
and immunities of citizens in the several States; requir- other 
ing that each State give full faith and credit to the pub- implied 
lie acts, records, and judicial proceedings of every other 
State; enjoining interstate extradition; guaranteeing to each State 
a republican form of government, — all carry with them an im¬ 
plied prohibition of any State legislation which in any way would 
impair their effectiveness. From the nature of the relation be¬ 
tween the States and the federal government, it follows that there 
is an implied prohibition on the part of the States to place any 
tax upon the instruments or means selected by the federal govern¬ 
ment to carry out its powers. 


308 . Privileges of States in the Union. Foremost among 
the important privileges belonging to States as members 
of the federal Union is that of representation in Representa- 
Congress, in which body each State is entitled to 
two Senators, and a number of Representatives in propor¬ 
tion to its population. Similarly, each State has a right 
to participate in the election of a President by choosing 
electors for that purpose. 

Another important privilege is the guaranty by the 
United States to each State of a republican form of govern¬ 
ment. By republican government is meant one Q^ajaatyoi 

in which those exercising authority act in a repre- republican 
. . 1 , . f j. 1 government 

sentative capacity, the ultimate power 01 control 

being vested in the people themselves. Republican govern¬ 
ment in a State might be threatened through invasion by 
some foreign power, and an attempt to establish a govern¬ 
ment under its authority; or by an insurrection having 
for its object the overthrow of the existing government. 
In either case it would be the duty of the federal govern¬ 
ment to interpose, and to protect the people of the State 
by the employment of the military force of the United 
States. 


244 


GOVERNMENT AND POLITICS 


Each State has the right of territorial integrity — it 
cannot be divided without its consent. Finally, the States 
other have certain important financial privileges. In 
privileges pg^g^ United States has on several occasions 

distributed considerable sums of money among them, as 
well as public lands of immense value; while at the present 
time the federal government makes annual appropriations 
for the support of agricultural stations, and of State agri¬ 
cultural and mechanical colleges. 

309 . Duties of the States in the Union. The privileges 
of the States as members of the Union involve correspond- 
To help ing duties. In the first place, the States are under 
obligation to keep up the forms of the national 
government government by choosing presidential electors, 
electing Senators and Representatives, and fixing the 
franchise which qualifies persons to vote for members of 
the House of Representatives. 

The second and most important duty of the States is to 
remain in the Union. Before the Civil War, those who 
To remain championed the doctrine of State sovereignty 
In the Union argued that the States were and had always been 
sovereign and independent; and that the Union was a 
voluntary compact from which any State might withdraw 
if it chose. Upon this issue the Civil War was waged, and 
the result of that conflict established forever the principle 
that the Union is not a compact between States, but a per¬ 
manent government established by the people of the 
United States, and alterable only through constitutional 
amendment. In the language of Chief-Justice Chase, “the 
constitution, in all its provisions, looks to an indestruc¬ 
tible Union, composed of indestructible States.” There 
can be no such thing as peaceful secession; once a State 
is in the Union there is “no place for reconsideration, or 
revocation, except through revolution, or through consent 
of the States.” ^ Hence the ordinances of secession adopted 

» Texas v. White, 7 Wall. 700. 


THE FEDERAL SYSTEM 


245 


by the Southern States were absolutely null and void, and 
those States remained legally members of the Union, al¬ 
though the outcome of the Civil War practically reduced 
them to the position of conquered territory. 

Finally, the States have other miscellaneous duties toward 
the Union, many of which have been already mentioned. 
They are to maintain a militia over which the federal 
government has large powers of control; and they are under 
obligation not to enact legislation in conflict with federal 
law. 

310. Interstate Obligations. In addition to their obliga¬ 
tions towards the federal government, the States owe im¬ 
portant duties to each other as equal members of 

the same Union. By a provision of the federal privileges 
constitution the citizens of each State are “en¬ 
titled to all the privileges and immunities of citizens in the 
several States.’* ^ The purpose of this provision is to pro¬ 
mote the unity of the American people by preventing dis¬ 
criminations against citizens of other States. This clause 
secures to the citizen of one State the right to travel about 
freely, or to settle or trade within the limits of any other; 
to acquire and hold property in any commonwealth, and to 
be exempt from any higher taxes or other burdens than 
are imposed upon citizens of that State; also to claim the 
protection of any State government, and to have access to 
its courts. 

Political privileges, as the right to vote, to hold office, 
and to serve on juries, are of course not shared, these rights 
being properly reserved by each State for its own poiiucai 
citizens. A State may also limit the right to 
practice law to its own citizens, as well as the right to 
share in the use of the common property of the State (for 
example, to fish in the public waters, or to hunt game 
within the State limits). 

311. Public Acts and Judicial Proceedings. The federal 
constitution provides that “full faith and credit shall be 

> Constitution, Art. iv, Sec. 2, Par. 1. 


246 


GOVERNMENT AND POLITICS 


given in each State to the public acts, records, and judicial 
Proving proceedings of every other State.” ^ This does 
public not mean that the laws of any State are binding 
upon persons outside its limits, but that if it be¬ 
comes necessary for the courts of New York, for example, 
to determine what are the public statutes of Pennsylvania, 
that fact may be established by introducing in evidence 
the Pennsylvania legislative records. Further, if the case in 
the New York court is one affected by Pennsylvania laws, 
that court will endeavor to give those laws the same effect 
that they would have in the Pennsylvania courts.^ 

A similar rule prevails with respect to judicial proceed¬ 
ings. A judgment rendered in one State by a court of com- 
Bffect of petent authority having jurisdiction of the parties 
Judgment subject-matter is conclusive in all other 

States in an action between the same parties and involving 
the same issues. 

312 . Interstate Extradition. Extradition is another inter¬ 
state obligation imposed by the federal constitution. In 
order that fugitive criminals may be duly tried and pun- 
Constitu- ished, the constitution provides that “ a person 
tionai charged in any State with treason, felony, or 

provision crime, who shall flee from justice, and be 

found in another State, shall, on demand of the executive 
authority of the State from which he fled, be delivered up 
to be removed to the State having jurisdiction of the 
crime. 

The usual procedure when a criminal takes refuge in an- 
Arrest of other State is to have him arrested and held until 
fugitives governor of the State where the crime was 

committed sends a requisition to the executive of the State 
where he is found, asking his return; whereupon he is turned 
over to the authorities of the State issuing the requisition. 

* Constitution, Art. iv. Sec. 1, Par. 1. 

* For example, contracts made in one State, and valid where made, are usually recognized 
as valid when it is sought to enforce them in another State. 

* Constitution, Art. iv, Sec. 2, Par. 2. 


THE FEDERAL SYSTEM 


247 


GENERAL REFERENCES 

Ames, H. V., State Documents on Federal Relations (1906). 

Black, H. C., American Constitutional Law (1897), chs. ii, ix-x, xviii-xx. 
Bryce, James, The American Commonwealth (1907), chs. ii, iv, xxvii-xxx. 
Burgess, John W., Political Science and Comparative Constitutional Law 
(1902), pp. 184-252. 

Cooley, Thos. M., Constitutional Law (1898), chs. x, xii-xvi. 

- Constitutional Limitations (1903), ch. ii. 

Hart, A. B., Actual Government (1903), chs. ii, vi. 

Landon, J. S., The Constitutional History and Government of the United 
States (1905), ch. xvii. 

McClain, E., Constitutional Law in the United States (1905), chs. iii, xxx. 
Pomeroy, J. N., Constitutional Law of the United States (1888), part iii, 
chs. I, III. 

Schouler, James, Constitutional Studies (1904), pp. 115-155, 178-184, 
190-202. 

Story, Joseph, Commentaries on the Constitution of the United States (5th 
ed., 1905), secs. 1331-1409, 1804-1831, 1857-1909. 

Tucker, J. R., Constitution of the United States (1899), i, ch. vii; ii, chs. 

XI, XIV. 

Willoughby, W. W., Nature of the State (1896), ch. x. 

Wilson, Woodrow, Constitutional Government in the United States (1908), 
ch. VII. 

- The State (1906), secs. 1083-1125. 

Woodburn, J. A., The American Republic and its Government (1908), ch. ii. 


QUESTIONS AND EXERCISES 

1. Explain fully how the federal government brings its authority to bear 
directly upon individuals. Contrast this with the condition under 
the Articles of Confederation. 

2 . Prepare a report upon the decision of the Supreme Court in the case 
of McCulloch V. Maryland. (Section 299.) 

3. May a State court declare a national law unconstitutional? 

4. Explain the reason for giving the national government control of 
each of the subjects enumerated in Section 297. 

5 . If the first eight amendments had not been passed, could Congress 

have exercised these powers? Do these prohibitions apply'to the States? 
(Section 303.) ^ 

6. May a State government levy a tax upon United States bonds? Upon 
the capital invested in national banks? 

7. Mention some of the rights of States which cannot be infringed by the 
federal government. 

8 . May the President suppress violence or disorder within a State if not 
requested to intervene? (Section 368.) 

9. Enumerate the provisions of the federal constitution which were 
adopted in order to insure interstate comity. 

10 . Suggested readings on relations between State and federal govemmentar 
Kaye, P. L., Readings, pp. 74-94. 




CHAPTER XXII 


THE SENATE 

313. Congress a Two-House Body. The legislative au¬ 
thority granted by the federal constitution is vested in a 
Advantages Congress consisting of two houses, the Senate 
oitwo and the House of Representatives. In creating 
bouses ^ Congress of two branches, the framers of the con¬ 
stitution followed the precedent of Great Britain, as well 
as that of nearly all the thirteen State assemblies, wherein 
legislative powers were vested in two separate houses.^ It 
was urged that each house would act as a check upon rash 
and ill-considered legislation on the part of the other, and 
that two houses would be less likely than a single body to 
encroach upon executive and judicial authority. The two- 
house plan thus established now prevails in all of the States 
of the Union, and is likewise a characteristic feature of the 
legislative assemblies of all important countries.^ 

314. Equal Representation of States. As the result of a 

The great historical compromise adopted by the Con- 

Oonnecticnt stitutional Convention to reconcile the conflicting 
Compromise the large and the small States, the com¬ 

monwealths are equally represented in the Senate, each 

* Only Pennsylvania and Georgia had legislative assemblies consisting of a single house. 
Georgia created two houses in 1789, Pennsylvania in 1790. Vermont also had a one-house 
legislature from 1786 until 1839. 

* Great diversity prevails in the numbers, mode of selection, and powers of the upper 
houses in other countries. The British House of Lords consists of about six hundred hered¬ 
itary peers. The French Senate numbers three hundred members, chosen by indirect elec¬ 
tion for a term of nine years, one third being elected every three years. In Switzerland the 
Council of State consists of forty-four members, two being chosen by each canton in such 
manner and for such term as the canton may see fit. The German Bundesrath consists of 
fifty-eight members who represent the princes of twenty-three States and the people of three 
free cities, in whom the sovereignty of the German Empire resides. The Italian Senate and 
the Austrian Herrenhaus consist of members appointed by the Crown for life. 

In all these countries except Germany, the upper house occupies a subordinate position 
as compared with the popular branch of the legislature, and seldom ventures to rejecf 
measures upon which the lower bouse is determined. 


THE SENATE 


24S 


electing two members; while in the House representation is 
proportioned to population. Thus the House represents the 
nation as a whole, the national principle: while the Senate 
represents the federal idea, equality of States.^ 

Under this plan* there are 96 Senators, two from each of the 
forty-eight States; while the House of Representatives has 
435 members. Equal representation of States 
in the Senate, regardless of population, is some- equal xepre- 
times denounced as unjust and undemocratic. 

Nevada, for example, with a population of 77,407, less than 
one half as many people as there are in the city of Atlanta, 
has as much power in the Senate as the great commonwealth 
of New York with over ten million inhabitants. Less than 
one fifth of the total population of the United States actu¬ 
ally choose a majority of the Senate, while four fifths of the 
people of the country are represented in that body by a 
minority of the members. However, this plan was undoubt¬ 
edly necessary in order to secure the consent of the smaller 
States to the adoption of the constitution; and in practice, 
American politics have never turned upon a conflict of 
interests between the large and the small States. With the 
object of preventing any departure from the original com¬ 
promise, the constitution provides that “no State, without 
its consent, shall be deprived of its equal suffrage in the 
Senate.” ^ 

315 . Relations of the Two Houses. The United States 
is the only great country in the world where the two legisla¬ 
tive houses are really equal and coordinate. In ipiigpuyua. 
Great Britain, France, and Italy, for example, mentary 
the lower branch of the legislature is practically 


* However, the members of the Senate vote as individuals and do not cast the vote of the 
State as such; nor are they subject to instruction or recall by the legislatures that elect 
them (although State legislatures sometimes pass resolutions purporting to “instruct” their 
Senators). 

» Constitution, Art. v. — It is sometimes said that this is the only provision of the consti¬ 
tution which cannot be changed by amendment. This is incorrect, for the sovereignty of the 
people is unlimited, and they may amend the constitution in this or any other respect, or 
make a new one omitting the principle of equal representation. Hence this guaranty merely 
represents the plighted faith of the framers of the constitution to the small States that their 
equal representation shall not be taken away. 


250 


GOVERNMENT AND POLITICS 


supreme; and in case of conflict, the upper house must ordi¬ 
narily give way. Moreover, under the parliamentary sys¬ 
tem which prevails in these countries, the lower or popular 
branch of the legislature practically controls the adminis¬ 
tration, which it has virtually installed and which it 
supports.^ 

But under our congressional system, the two houses 
possess coordinate and independent authority, and the 
The con- executive is independent of both. Disputes be- 
gressionai tween the two houses are frequent, as each freely 
system alters and amends the bills that come from the 
other. In case of disagreement over a measure, the Senate 
usually, though not invariably, gets the better of the contest. 
It is a much smaller body, and can more easily keep its 
majority together. Then too. Senators serve for longer 
terms than Representatives, and as a rule they have had a 
wider political experience. Many Senators have previously 
served in the House, and hence are thoroughly familiar with 
the inner workings of that body. Although the constitution 
provides that revenue bills shall originate in the House of 
Representatives, as a matter of fact the Senate has an equal, 
and in many cases a far greater power. “As the term of 
service is longer and the chances for reelection greater, the 
Senate usually contains a relatively larger number of politi¬ 
cal experts, acquainted not only with the problems of law¬ 
making, but also with the inner workings of the federal 
government. The influence of the Senators is also aug¬ 
mented by their position as party leaders within their re¬ 
spective States. They have, as we have seen, a large power 
in appointing to federal oflfice; and sometimes they are able 
to construct political machines of extraordinary strength. 
They usually have great weight in selecting delegates to 
national party conventions, and in fact they are largely 
responsible for the predominance of the federal office¬ 
holding element in those assemblies. This command over 

1 See Sec. 12, page 9. 


THE SENATE 


251 


party resources within their states enables the Senators to 
bring more or less pressure on the members of their party in 
the House of Representatives. When the State organization, 
in close touch with its Senator or Senators, adopts a policy, 
it is usually wise for the member of the House of Representa¬ 
tives, if he expects further party favors, to fall in line with 
the policy.” ^ 

316 . Election of Senators. In accordance with the seven¬ 
teenth amendment ^ to the federal constitution, each State 
is represented by two Senators, elected directly Direct 
by the voters of the State. Those persons are 
qualified to vote for Senator who, under State law, may vote 
for members of the more numerous branch of the State 
legislature. 

If a vacancy occurs in the representation of any State 
in the Senate, the governor of the State issues a writ of 
election to fill the vacancy. If the State legislature 
grants the necessary authority, the governor may 
appoint some one to serve temporarily as Senator, until the 
vacancy is filled by popular election. 

Prior to the year 1913, Senators were chosen by the legis¬ 
latures of their respective States. The framers of the con¬ 
stitution believed that better men would be chosen Former 
in this way. But there were serious objections indirect 
to the method of indirect election. It intensified ®i®®tioa 
the strife between the national political parties in the field 
of State politics, for each party put forth extraordinary 
efforts to secure a majority in the legislature which was to 
elect a Senator. Hence State interests and policies were 
subordinated to an issue of national politics. Again, after 
a long and bitter contest it sometimes happened that no 
candidate was able to secure a majority, and a “deadlock” 
occurred; meantime the State was without its proper repre- 

» Beard, C. A., American Government and Politics, pp. 249-250. 

* The seventeenth amendment was proposed by the Sixty-second Congress in 1912, and 
ratified by the necessary number of States in 1913. It does not aifect the election or terms of 
Senators chosen before its adoption. 


252 


GOVERNMENT AND POLITICS 


sentation in the Senate, and the attention of its legislature 
was so taken up that State interests suffered.^ 

As a result of the public demand that Senators be elected 
by the people, the House of Representatives repeatedly 
passed a resolution to amend the constitution in this re¬ 
spect; but not until the year 1912 was it possible to secure 
the necessary two-thirds majority in the Senate. Once 
proposed, the amendment was promptly ratified by three 
fourths of the States, and became effective in 1913. 

317 . The Senatorial Term. The senatorial term is six 
years, and members are so classified that the terms of one 
third expire every two years — thus making the Senate a 
permanent body. It was believed that the six-year tenure 
would prove long enough to secure the talent and experience 
necessary for legislation, and to operate as a stable feature 
in the government. Senators are more frequently reelected 
than not; the average term of service is about twelve years. 

318 . Qualifications of Senators. The constitutional quali¬ 
fications for Senators are three, and relate to age, citizen¬ 
ship, and residence. To be eligible to membership, one 
must be at least thirty years of age, must have been nine 
years a citizen of the United States, and must be an in¬ 
habitant of the State for which he is chosen.^ The States 
have no power to add to or subtract from these constitu¬ 
tional qualifications; and whether they are lacking in a 
particular case is a question for the Senate itself to decide. 

The constitution expressly creates two disqualifications — 
the holding of a federal office contemporaneously, and par- 
Disauaim- ticipation in rebellion against the United States, 
oaUons after having taken oath as a government officer to 
support the constitution.^ Congress or the Senate can make 
only such further disqualifications as are reasonably im- 

* For example, in the year 1901, senatorial deadlocks existed in the legislatures of Ne¬ 
braska, Montana, Oregon, and Delaware, throughout the greater part of the legislative 
sessions. In Delaware the deadlock continued until adjournment, leaving the State with no 
representation in the Senate. 

» ConstilxUion, Art. i, Sec. S. 

I Congress may remove the latter disqualification by a two-thirds vote of each house. 


THE SENATE 


253 


plied in the constitutional provisions. Thus the corrupt 
use of his powers by a legislator has been made a disquali¬ 
fication. 

319 . Rights and Privileges of Members. Members of 
Congress have the constitutional right to a compensation 
for their services, the amount to be determined oompenst- 
by statute and paid out of the treasury of the 
United States. At present both Senators and Represent¬ 
atives receive $7500 per year, to which is added an allow¬ 
ance for clerk hire, stationery, and traveling expenses. 

Except in case of treason, felony, or breach of peace, 
both Senators and Representatives are privileged from 
arrest during attendance at the sessions of their Freedom 
respective houses, and in going to and returning 
from the same. The object of this provision is to exempt 
members from being interfered with by judicial process 
while in the performance of their official duties.^ 

Finally, members of Congress have the important priv¬ 
ilege of freedom of speech and debate in their respective 
houses. That is, only the house itself can call pjeedomof 
members to account for their utterances in that speech and 
body; and a congressman cannot be prosecuted 
in the courts for libel or slander on account of any utter¬ 
ances in the house to which he belongs, or for the official 
publication of what he says. 

320 . The Senate’s Powers in Legislation. With a single 
exception, the legislative powers of the Senate are identical 
with those of the House, and bills may originate Revenue 
indifferently in either branch. The exception is 

in case of revenue bills, which must originate in the 
House, although the Senate may propose or concur with 
amendments as on other bills.- 

» The exemption is not of great practical value, since seizure of the person is not ordin¬ 
arily authorized except in criminal cases, as to which the exemption does not apply. How¬ 
ever, this privilege secures exemption from such a process as a subpoena, or a summons to 
serve on a Jury. 

* Thus in 1894 the Wilson TariflF Bill, which originated in the House, was transforme<' 
Id the Senate by the addition of one hundred and forty-three amendmentn. 


m 


GOVERNMENT AND POLITICS 


321. Executive Functions of the Senate. The Senate 
is not only a legislative body, but also an executive cham- 
'treaties and having two important executive functions 
-ippoint- first, the power of approving treaties; and second 

that of confirming the most important president¬ 
ial appointments. At the time of the adoption of the fed¬ 
eral constitution, the upper house of the State legislatures 
had a large degree of control over the governor’s power of 
appointment; ^ and a similar distrust of the executive 
induced the framers of the constitution to give the Senate 
control over these* two important executive powers.^ 

322. Power to approve Treaties. All treaties negotiated 
by the President must be submitted to the Senate for ap¬ 
proval, and in order to be ratified must receive the favor¬ 
able vote of two thirds of the Senators present when the 
vote is taken. Although the President is not obliged to 
consult with the Senate during the negotiation of a treaty, 
in practice he usually does so, especially with the committee 
on foreign relations. The Senate considers treaties, as well 
as other executive business, in executive or secret session.® 
The treaty may be approved or rejected as a whole; or it 
may be ratified in part, additional articles being recom¬ 
mended as amendments. When thus changed, the treaty 
does not become law until both the President and the for¬ 
eign power have consented to the amendment. 

323. Confirmation of Executive Appointments. Through 
its second executive function, that of confirming nomina- 
Sonatoriai tions submitted by the President, the Senate ex- 
courtesy ercises considerable control over the civil admin¬ 
istration. This provision was designed to prevent abuses 
of power on the part of the executive, but it has operated 


1 In most of the colonies there was a body known as the governor’s council, appointed 
by the king, whose consent was necessary to the validity of certain executive acts. After 
the colonies became independent, the governor’s council disappeared except in Maine, 
Massachusetts, and New Hampshire. In most States the control over appointments which 
it formerly exercised has been transferred to the upper branch of the State legislature. 

* For the special power of the Senate to elect a Vice-President, see Section 361. 

» During the first five years of the Senate’s history, or until 1794, all its sessions were in 
secret. 


THE SENATE 


255 


to give the Senate a large control over federal patronage 
through the practice known as “senatorial courtesy.“ By 
this term is meant the mutual support that Senators give 
to one another, especially in the confirmation of executive 
appointments. Cabinet appointments are generally con¬ 
firmed as a matter of course, and diplomatic appointments 
are seldom rejected; but nominations to federal positions 
within a State ^ are ordinarily not confirmed unless ap¬ 
proved by the Senators from the commonwealth in ques¬ 
tion, provided they are of the same political party as the 
President. 

In considering appointments, the Senate acts in secret 
session, but reports of their proceedings commonly become 
public. In an executive session the galleries are Executive 
cleared, the doors closed, and the obligation of ®®ssions 
secrecy is imposed upon every Senator, under penalty of 
expulsion if he discloses the confidential proceedings. But 
the obligation does not weigh heavily upon some members, 
and the newspaper correspondents generally manage to 
find out what occurs. 

The President may convene the Senate in special session 
to consider treaties or appointments. On forty special 
different occasions in our national history such sessions 
special sessions have been held. 

334. The Senate’s Judicial Function. The judicial func¬ 
tion of the Senate is to sit as a court of impeachment for 
the trial of persons formally accused, by the 
House of Representatives, of treason, bribery, 
or other high crimes and misdemeanors. Im¬ 
peachment is not limited to indictable offenses, but in¬ 
cludes conduct which the courts of law cannot reach, as 
intemperance or abuse of official power. The President, 
Vice-President, and all civil officers of the United States 
are liable to impeachment; and the term civil officers in- 

» Especially revenue collectors, postmasters in large cities, customs oflBcers, federal Judges, 
district attorneys, etc. 




GOVERNMENT AND POLITICS 


eludes all federal officers, except military and naval officers 
(who are tried by courts-martial), and members of Congress 
(who are subject only to the rules of the house of which 
they are members). 

The House of Representatives has the sole power to pre¬ 
fer charges of impeachment, that is, to present the articles 
Trial of im- of accusation as the grand jury presents an in 
peaohments (Rctment. The trial then occurs before the Sen¬ 
ate, the process resembling that of a trial by jury. The 
House appoints a committee of members to prosecute the 
charges before the Senate; the accused is entitled to counsel, 
and to full opportunity to present his defense; each Sena¬ 
tor takes an oath to judge impartially; witnesses are ex¬ 
amined; and the Senate then deliberates in secret session 
while arriving at a decision. In ordinary impeachment 
trials, the Vice-President or the President pro tempore oi 
the Senate presides; but in case of the impeachment of the 
President, the presiding officer is the chief-justice of the 
United States Supreme Court. 

A two-thirds vote of the Senators present is necessary to 
a convicticn; and in case of conviction, the punishment 
Punish- cannot extend further than removal from office, 
and disqualification to hold any office under the 
United States. If the offense leading to impeachment is one 
punishable by law, the person impeached is liable to trial 
by the courts, as in case of any one who violates the law. 
The President has no pardoning power in cases of impeach' 
ment.^ 

1 There have been nine cases of impeachment in our history, three of which resulted in 
conviction. The three men convicted were judges of the United States courts : John 
Pickering, judge for New Hampshire, impeached in 1803 for malfeasance in office, includ¬ 
ing drunkenness and other offenses; West H. Humphreys, judge for Tennessee,impeached 
in 1862 for disloyalty and inciting rebellion ; and Robert \V. Archbald, judge of the Com¬ 
merce Court, impe.ached in 1913 for using his office as judge to influence railroad officials 
to grant him certain favors in connection with coal lands. 

The most noted impeachment case in our history was that of President Johnson, im¬ 
peached in 1868 for violating the Tenure of Office Act, and other offenses ; acquitted by 
the narrow margin of one vote (thirty-five Senators voting guilty, and nineteen not guilty), 


THE SENATE 


257 


GENERAI, REFERENCES 

Ashley, R. L., The American Federal State (1903), ch. xi. 

Beard, C. A., American Government and Politics (1910), ch. xii. 

- Readings in American Government and Politics (1910), ch. xii. 

Bryce, James, The American Commonwealth (1907), i, chs. x-xii. 

Burgess, J. W., Political Science and Comparative Constitutional Law (1902;, 
II, pp. 41-58. 

Fairlie, J. A., National Administration of the United States (1905), ch. iii. 
Ford, H. J., The Rise and Growth of American Politics (1898), ch. xxi. 
Foster, Roger, Commentaries on the Constitution of the United States (1895), 
I, chs. VII, xi-xiii. 

Hamilton, Madison, and Jay, The Federalist (ed. by Lodge, 1904), nos. 

LXII-LXVI. 

Hart, A. B., Actual Government (1903), ch. xiu. 

Haynes, G. H., Election of Senators (1906). 

Kerr, C. H., The United States Senate (1895). 

Reinsch, P. S., American Legislatures and Legislative Methods (1907), 
chs. I, III. 

- Readings on American Federal Government (1909), chs. iv-v. 

Stoiy^ J., Commentaries on the Constitution of the Unit^ States (5th ed., 
1905), I, secs. 690-813. 

Tucker, J. R., Constitution of the United States (1899), i, chs. ix-x. 

Wilson, Woodrow, Constitutional Government in the United Stales (1908). 
ch. V. 

- The State (1906), secs. 1274-1284. 

Woodbum, James A., The American Republic and its Government (1908). 
ch. IV. 


QUESTIONS AND EXERCISES 

1 . Make an outline showing the points of resemblance between Congress 
and your State and city legislative departments. 

2. Compare the Senate with the British House of Lords. 

3. Has the Senate accomplished the special purposes which it was de¬ 
signed to fulfill? {The Federalist^ nos. lxii-lxvi.) 

4. How many Senators were there April 3.0, 1789? For what terms did 
these Senators serve? 

5. What arguments can you present for and against the equal representa¬ 
tion of States in the ^nate? 

6 . Name the Senators from your State. How long have they served? 
When do their terms expire? To which political party do they belong? 
What political offices did they hold before being elected to the Senate? 

7. Were your Senators nominated by conventions, or by party primaries.^ 
Which plan do you consider preferable, and why? 

8 . Give arguments for and against the popular election of Senators. Why 
did the framers of the constitution favor indirect election? 

9 . Explain the exact change in the method of electing Senators brought 
about by the adoption of the seventeenth amendment. 

lO. How are the political parties represented in the present Senate? Name 
several of the most prominent Senators of each party, 
n. Compare the term and qualifications of United States Senators with 
those of your State senators. 





258 


GOVERNMENT AND POLITICS 


12 . Make a similar comparison as to rights and privileges. 

13. Which of the special powers of the United States Senate is exercised 
by your State senate? 

14. State the advantages and disadvantages of having the Senate parti¬ 
cipate in appointments; in treaties. 

15. State the objections to the practice of “senatorial courtesy.” 

16. Prepare a list of executive officials appointed by the President subject 
to confirmation by the Senate. 

17. What officials in your congressional district were thus appointed? 
Was your Senator consulted? 

18. Give an account of the controversy between President Garfield and 
Senators Conkling and Platt over appointments in New York State. 

19. Name several treaties which have been ratified by the Senate within 
the last twenty years. Have any been rejected? 

20 . What is the smallest number of Senators who at the present time can 
pass a bill? Confirm an appointment? Ratify a treaty? 

21 . Is a Senator bound to regard instructions by the legislature of his 
State? 

22. Prepare a report upon the impeachment trial of Andrew Johnson. 
(Sherman, Recollections, i, 413-432; Blaine, Twenty Years of Congress, 
II, 341-384; Cox, Three Decades of Federal Legislation, 578-594.) 

23. May a Senator be appointed to a federal office which was created during 
his term as Senator? {Constitution, Art. i. Sec. 6, Par. 2.) 

24. Suggested readings on the Senate: Reinsch, P. S., Readings on Ameri¬ 
can Federal Government, ch. v; Kaye, P. L., Readings, pp. 156-183. 


CHAPTER XXIII 


THE HOUSE OF REPRESENTATIVES 

325. Composition of the House. The House of Repre¬ 
sentatives, often referred to simply as the House, consists 
of 435 members elected every second year by 

direct vote in congressional districts of nearly i)asisoiro- 
equal population. The number of Representa- 
tives to which any State is entitled depends upon its popu¬ 
lation as ascertained by the federal census, taken every 
ten years. Since the adoption of the fourteenth amend¬ 
ment ( 1868 ), the entire number of individuals in each State 
(except untaxed Indians) is counted in determining the 
population entitled to representation.^ 

Each of the territories is permitted to send to the House 
a delegate, who may speak on questions affecting his ter¬ 
ritory, but may not vote. Thus in the Sixty- Territorial 
seventh Congress ( 1921 - 1923 ), Alaska and Ha- delegates 
waii were represented by delegates, Porto Rico and the 
Philippines by resident commissioners. 

326. The Method of Apportionment. After each decen¬ 
nial census. Congress determines upon the number of Re¬ 
presentatives of which the House shall consist. Ratio ot re- 
The population of all the States is then divided Presentation 
by this number, the quotient being the ratio of represent¬ 
ation; and the population of each State is divided by this 

> Under the original provision of the constitution, Representatives and direct taxes 
were apportioned among the States according to popiilation. In enumerating the popu¬ 
lation, all free persons were to be counted, including also persons bound to service for a 
term of years and excluding Indians not taxed; and including also three fifths of all other 
persona. In other words, five slaves were to be counted as equivalent to three white per¬ 
sons in apportionment and in levying direct taxes. This was the famous three-fifths rule, 
adopted as a compromise between the Northern and Southern members of the Constitu¬ 
tional Convention. 


260 


GOVERNMENT AND POLITICS 


ratio to ascertain the number of Representatives to which 
it is entitled. Thus after the thirteenth census had been 
taken (1910), Congress passed an act fixing the number 
of Representatives at 435. Dividing the aggregate popula¬ 
tion of all the States, as ascertained by the thirteenth census, 
by 435 , gave a quotient of 211, 877 as the ratio of repre¬ 
sentation. Then the population of each State was divided 
by this ratio, the resulting quotients being the number of 
Representatives of the respective States. 

After each decennial census, the number of members has 
been increased;^ otherwise some States would have had 
Increase in fewer Representatives than during the previous 
membership decade, since population does not increase uni¬ 
formly in all parts of the countryUnder the present ratio, 
three commonwealths, Delaware, Nevada, and Wyoming, 
would be without representation were it not for the con¬ 
stitutional provision that each State shall have at least 
one Representative. When a new State is admitted, it 
is at once given representation, its members or member 
being additional to the number provided for by the preced¬ 
ing apportionment. 

327 . Districting a State. The boundaries of the con¬ 
gressional districts within each commonwealth are deter- 
Redistrict- mined by its legislature, subject to the restric- 
tion of federal law that the districts shall be as 

times neces¬ 
sary nearly as practicable of equal population, and 

composed of compact and contiguous territory. In case 
the apportionment act changes the representation of a 
State, or if the decennial census shows that its population 
has increased unequally in various sections, redistricting 
the State becomes a necessity. 

Sometimes States are redistricted for less legitimate 
reasons. The dominant party in the legislature may en- 

^ With a single exception — under the reapportionment of 1842. 

* Although the House is now so large as to be unwieldy, it is smaller than the correspond¬ 
ing body in European countries. In Great Britain the House of Commons consists of 670 
paembers; the German Reichstag has 397 memlr;rs; the French Chamber of Deputies, 58‘4. 


THE HOUSE OF REPRESENTATIVES 


261 


deavor, by a process known as “gerrymandering,” so to ar¬ 
range the district Gorryman- 
lines as to secure 
a party majority in the 
greatest possible number of 
districts. This is done by 
massing the opposition votes 
in a few districts certain to be hostile 
in any event, and by so arranging the 
others as to insure a safe majority in 
each for the party in control of the legis¬ 
lature.^ .. 

Federal law requires that the dis¬ 
tricts be composed of 
compact and contigu¬ 
ous territory; but it has 
been held that territory is contiguous if it touches the 
district at any point. 



THE ORIGINAL “ GERRY¬ 
MANDER” a 


Evasion of 

statutory 

restrictions 


and the result has been 
that some States have 
created districts of the 
most amazing irregular¬ 
ity. The statutory re¬ 
quirement that districts 

1 In 1892, by a carefully planned gerry¬ 
mander, the Democrats in Indiana were 
enabled to elect eleven congressmen with 
a total vote of 2.59,190, leaving only two 
congressmen to the Republicans, who cast 
a vote of 235,668. 

i “ In 1812 when Elbridge Gerry was gov¬ 
ernor of Massachusetts, the Republican 
legislature redistributed the districts in 
such wise that the shapes of the towns 
forming a single district in Essex County 
gave to the district a somewhat dragon¬ 
like contour. This was indicated upon 
a map of Massachusetts which Benjamin 
Russell, an ardent Federalist and editor 
of the ‘ Centinel,’ hung up over the desk 
in his office. The celebrated painter Gil¬ 
bert Stuart, coming into the office one day 
and observing the uncouth flgriire, added 
with his pencil a head, wings, and claws, 
and exclaimed, ‘ That will do for a sala¬ 
mander!’ ‘Better say a Gerrymander!’ 
growled the editor: and the outlandish 
name, thus duly coined, soon came into 
general currency." — Fiske’s Civil Gov¬ 
ernment in the United States. 


^-■.LAUOEROALE I'lime'*! 



IMAP OF THE CONGRES¬ 
SIONAL DISTRICTS 
IN THE STATE OF 
ALABAMA, APRIL 1910 

An example of gerrymandering. 











m 


GOVERNMENT AND POLITICS 


shall be of nearly equal population has also been disre¬ 
garded. In order to gain a partisan advantage, legislatures 
have occasionally created districts with almost double the 
population of other districts in the same State. 

328 . The Suffrage. When the constitution was framed, 
no attempt was made to establish a uniform national suf- 
Nouniiom instead it was provided that members of 

national the House of Representatives should be chosen by 
suifrago those persons in the several commonwealths who 
are qualified to vote for the more numerous (i.e., the lower) 
branch of the State legislature. 

The States are thus given control of the suffrage; and in 
order to determine who may vote for congressmen in any 
States deter- commonwealth, it is necessary to examine the 
mine quail- qualifications prescribed by the State constitu¬ 
tion for those who may vote for members of the 
lower branch of the State legislature. Generally speaking, 
universal suffrage prevails except as to the criminal, insane, 
or other defective or delinquent classes. But in a few com¬ 
monwealths, a property qualification is prescribed; and an 
educational qualification, as ability to read or write, is re¬ 
quired in fourteen States. ^ 

State control of the suffrage is subject to three important 
limitations contained in amendments to the federal con¬ 
stitution. The fifteenth amendment was intended 
to secure the suffrage to negro citizens. Further¬ 
more, section two of the fourteenth amendment 
provides that in case the right to vote in any State is denied 
(except for crime) to male citizens who are twenty-one years 
of age, the State’s representation in the House shall be pro¬ 
portionately reduced. Finally, the nineteenth amendment 
provides that “the right of citizens of the United States to 
vote shall not be denied or abridged by the United States or 
by any State on account of sex.” 


Constitu¬ 

tional 

limitations 


1 Alabama, California, Connecticut, Delaware, Louisiana, Maine, Massachusetts, Missis¬ 
sippi, New Hampshire, North Carolina, South Carolina, Virginia, Washington, Wyoming. 


THE HOUSE OF REPRESENTATIVES 


263 


329 . The Election of Representatives. The constitution 
confers upon the State legislatures the power to make 
regulations as to the time, place, and manner of Early state 
holding elections for Representatives; but reserves 
to Congress the right to make or alter these regulations at 
its discretion. For fifty years, in the absence of federal legis¬ 
lation, control of elections was left to the States; and there 
was considerable diversity in regard to the time and method 
of electing Representatives. Some commonwealths chose 
their Representatives on a general ticket (i.e., all voters 
in the State cast their ballots for the entire number of Re¬ 
presentatives allotted to the commonwealth); while other 
States followed the district plan now in use, each voter 
casting his ballot for but one Representative.^ 

In 1842 Congress exercised its reserved power of regu¬ 
lating the election of Representatives, and passed an act 
which provided that from that time on, all Repre- Federal 
sentatives should be chosen by districts, and not regulations 
by general ticket. Other important regulations subsequently 
adopted by Congress provide that the time for the election 
of Representatives shall be the Tuesday next following the 
first Monday in November of the even numbered years; ^ 
that the election shall be by written or printed ballot; and 
that the districts arranged by the State legislatures shall be 
as nearly as may be of equal population, and composed of 
compact and contiguous territory. 

In a majority of States, candidates for the House of 
Representatives are nominated by district con- 
ventions composed of delegates representing units tion of 
of local government within the congressional dis¬ 
trict, such as counties, or in the more thickly settled areas. 


> Under the general ticket plan, the party which carried the State would generally secure 
all the congressmen, while under the district plan the delegation from a State ordinarily 
contains representatives of both parties. 

* Congress has exempted from the operation of this rule three States whose constitutions 
contain clauses establishing a different date. These are Oregon, where the election oc¬ 
curs on the first Monday in June; Vermont, where it takes place on the first Tuesday In 
September; and Maine, where it is held on the second Monday in September. 


264 


GOVERNMENT AND POLITICS 


assembly districts, townships, or wards. But in a large 
number of States (including Wisconsin, Nebraska, Oregon, 
Kansas, and Oklahoma) the older convention method has 
been superseded by the direct primary system, under which 
candidates are nominated by the voters at a party primary. 

330 . The Term of Representatives. Representatives are 
elected for a term of two years, the legal term commencing 
on the fourth of March following the election. Actual serv¬ 
ice does not commence (except in case of special session) 
until the first Monday in December, thirteen months 
after the election. Reelection is frequent, and the average 
term of service is about five years. 

If a vacancy occurs in the representation from any State 
by reason of death, resignation, or expulsion of a member, 

the federal constitution authorizes the governor 
Vacancies ... 

to issue a writ of election to fill the vacancy. 

A special election is then held in the district where the 
vacancy occurs, the Representative chosen serving for the 
remainder of the term. 

331 . Qualifications for Representatives. The constitu¬ 
tional qualifications prescribed for Representatives relate 
to age, citizenship, and inhabitancy. A Representative must 
have attained the age of twenty-five years, must have been 
a citizen for at least seven years, and must be an inhabit¬ 
ant of the State from which he is chosen.' The House it¬ 
self determines whether these qualifications exist, and has 
even rejected duly elected individuals who possessed the 
constitutional qualifications.^ The States cannot add to 
the constitutional qualifications; but universal custom 
having almost the force of law prescribes residence within 
the district which the member represents. 

332 . Rights, Privileges, and Disabilities of Members. 
The privileges of members of the House are the same as 

> The constitution also provides that no person holding any office under the United 
States may be a member of Congress during his continuance in office. 

* Thus the Fifty-sixth Congress excluded Brigham H. Roberts of Utah, on the ground 
that he was living in polygamy in violation of both State and federal law. 


THE HOUSE OF REPRESENTATIVES 


265 


those of Senators, and include the right to compensation, 
the privilege of freedom from arrest (except in cases of 
treason, felony, or breach of peace), and freedom of speech 
and debate. Representatives, like Senators, may not hold 
any civil office under the United States during their con¬ 
gressional term; nor be subsequently appointed to any of¬ 
fice which has been created, or the salary of which has been 
increased, during their term. 

333. Special Powers of the House. The House has three 
special powers not shared by the Senate: the exclusive powey 
to initiate revenue bills; the sole right of impeach- 
ment; and the power to elect a President of the special 
United States in case no candidate has a major- 
ity of the electoral votes. These exclusive powers are not 
of great importance, and add little to the prestige of the 
House. 


GENERAL REFERENCES 

Ashley, R. L., The American Federal State (1903), ch. xii. 

Bryce, James, The American Commonwealth (1907), i, chs. xiii-xiv. 
Beard, C. A,, American Government and Politics (1910), ch. xii. 

Burgess, J. W., Political Science and Comparative Constitutional Law (1902), 
II, pp. 41-58. 

Fairlie, J. A., National Administration of the United States (1905), ch. m. 
Follett, M. P., The Speaker of the House of Representatives (1904). 

Ford, H. J., The Rise and Growth of American Politics (1898), ch. xx. 
Foster, Roger, Commentaries on the Constitution of the United States (1895), 
I, chs. vii-x. 

Fuller, H. B., Speakers of the House (1909). 

Hamilton, Madison, and Jay, The Federdist (ed. by Lodge, 1904), nos. 

LII-LIV. 

Hart, A. B., Actual Government (1903), ch. xiii. 

Reinsch, -P. S., American Legislatures and Legislative Methods (1907), 
chs. i-ii. 

- Readings on American Federal Government (1909), ch. vii. 

Story, J., Commentaries on the Constitution of the United Stdes (5th ed., 
1905), I, secs. 571-689. 

Tucker, J. R., Constitution of the United States (1899), i, chs. ix-x. 

Wilson, Woodrow, Consiitutiond Government in the United States (1908), 
ch. IV. 

- The State (1906), secs. 1285-1298. 

SVoodbum, James A., The American Republic and its Government (1908)* 
ch. v- 




266 


GOVERNMENT AND POLITICS 


QUESTIONS AND EXERCISES 

1. Prepare a report showing points of similarity and contrast between 
the House of Representatives and the British House of Commons. 

2 . How many congressional districts in your State? How do these com¬ 
pare in area and population? Is the division a fair one, or has the 
gerrymander been employed in the interest of the dominant political 
party? 

3. Prepare a report upon the gerrymander. 

4 . Who is your Representative? To which political party does he be¬ 
long? Length of his service in Congress? Previous political experience? 
When does his term expire? 

5 . What is the number of your congressional district? What counties 
does it comprise? Which political party generally carries the district? 

6 . How are the political parties represented in the present House? Name 
prominent leaders of each party in the House. 

7 . Was your Representative nominated by a party convention or by a 
direct primary? Which is the better method? 

8 . Compare the special powers of the House of Representatives with the 
special powers of the lower branch of your State legislature. 

9 . Why should bills for raising revenue originate in the House of Repre¬ 
sentatives? What is the praetice in the British Parliament? 

10. Why was the election of a President entrusted to the House of Re¬ 
presentatives, in case of failure of the Electoral College to choose a 
President? In this event, why is the vote in the House taken by States? 

11 . What is the smallest number of Representatives who can pass a bill 
for the first time? Over the President’s veto? What number could 
elect a President, in case the election should go to the House? 

12 . Is it unfortunate that there is so long an interval between the election 
of Representatives and the meeting of Congress? 

13. What qualifications are required in your State in order to permit one 
to vote for a United States Representative? Who is authorized to de¬ 
termine these qualifications? 

14. Compare the term and qualifications of a United States Representa¬ 
tive with those of your State representative. 

15. May the State legislatures add to the qualifications imposed by the 
federal constitution for membership in the House of Representatives? 
May the House itself impose additional qualifications? 

16. Under what circumstances may the House exclude from membership 
a person who has been duly elected? 

17. What are the advantages and disadvantages of our practice of re¬ 
quiring a Representative to reside in the district which elects him? 

18. What is the present ratio of representation? WLat are Congressmen- 
at-large? 

19. Contrast the procedure in the House of Representatives with that in 
the British House of Commons. (Kaye, P. L., Readings, pp. 149-155.) 


CHAPTER XXIV 


CONGRESSIONAL METHODS 

334 . Term and Sessions of Congress. The life of each 
Congress coincides with the legal term for which Repre¬ 
sentatives are elected; that is, it commences on March 4 
of the odd-numbered years, and ends on March 4, two 
years later. Hence Congresses are numbered according 
to biennial periods. The First Congress began its legal ex¬ 
istence on March 4, 1789, and expired at noon on March 4, 
1791; the Second Congress lasted from March 4, 1791, t® 
March 4 , 1793, and so on to the Sixty-seventh Congress 
which extends from March 4, 1921, to March 4, 1923. 

The constitution requires Congress to assemble at least 

once each year, the date of meeting — which Congress 

may change — being the first Monday in Decern- _ , 

, 11111 Sessions 

b^r. Two regular sessions are held: the long 

session from December of each odd year until Congress 
adjourns, generally in the following June or July; and the 
short session, beginning when Congress assembles in De¬ 
cember of each even year, and ending at noon on the follow¬ 
ing fourth of March. Thus Congress is ordinarily in session 
only about one half of its legal term. Special sessions may 
be called either by the President or by Congress itself. 

Congress fixes the time for adjournment by agreement 
between the separate houses; but in case of disagreement 
between them on this point, the President may Adjourn- 
adjourn them to such time as he thinks proper. 

During the session of Congress neither house may, without 
the consent of the other, adjourn for more than three days, 
nor to any other place than that in which the two houses 
are sitting. 


268 


GOVERNMENT AND POLITICS 


tions of 
members 


From April, 1789, to December, 1790, Congress met at 
New York, then the seat of government; from 1790 until 
Place oi 1800 at Philadelphia; and since 1800 at the 
meeung national capitol at Washington. The Senate 
chamber is in the north wing of the capitol building, the 
hall of the House of Representatives in the south wing. 
Senators occupy revolving chairs with desks, arranged in 
concentric rows facing the chair of the presiding officer. 
In the House, members are seated on benches, as in the 
British House of Commons. Around all four sides of both 
chambers are large galleries for visitors. 

335 . Internal Organization of Congress. The constitu¬ 
tion makes each house the sole judge of the elections, re- 
Eiections, turns, and qualifications of its members. Con- 
quaimca-”** tested elections are referred to a committee on 
elections, which considers the evidence in each 
case, and submits a report. Inasmuch as a major¬ 
ity of the members of the committee on elections are chosen 
from the dominant party, a contested election is quite 
likely to be decided on partisan lines. Persons may be 
r^xcluded from membership if the election has been irregu¬ 
lar or corrupt; if improper returns have been made; if the 
constitutional qualifications are lacking; or for other rea- 
.»ons which in the opinion of the house render individuals 
unfit to act as members. 

Each house of Congress may determine its own rules of 
procedure, punish members for disorderly behavior, and 
by a two-thirds vote, expel a member.^ Acts of violence 
Rules of or abusive language may be punished by a vote 
procedure censure; or the offending member may be re¬ 
quired to make a public apology to the house. Only grave 
offenses which show unfitness for the public trust and duty 
of a member are punished by expulsion. 

The constitution requires that “ each house shall keep 
a journal of its proceedings, and from time to time pub- 

* Constitution, Art. i, Sec. 5, Par. 2. 


CONGRESSIONAL METHODS 


269 


liah the same, excepting such parts as may in their judg¬ 
ment require secrecy; and the yeas and nays of 
the members of either house shall, at the desire 
of one fifth of those present, be entered upon the journal.” ^ 
The object of keeping a journal is to secure a permanent 
record of legislative action, as well as publicity of pro¬ 
ceedings. The vote by yeas and nays fixes upon each mem¬ 
ber responsibility for his vote by making it a matter of 
public record. Since the roll-call consumes considerable 
time, it ought not to be required for unimportant motions, 
as a motion to adjourn; hence the restriction that at least 
one fifth of the members present must demand the vote 
by yeas and nays. 

An official account of congressional debates and pro¬ 
ceedings is published, known as the Congressional Record. 
This appears daily during the session of Congress, congres- 
and is supposed to be a verbatim report of what 
is said in each house; but members are allowed 
to revise their remarks before they are printed, and in the 
House many of the published speeches are not actually 
made at all — since members often merely prepare their 
speeches and obtain “ leave to print.” 

336 . The Quorum. A quorum of a legislative body is 
the number of members who must be present in ^hat con- 

order to transact business; and the quorum re- stitutosa 

. Ill ... .. n-i Q[uoruiu 

quired by the constitution is a majority of each 

house. ^ A smaller number than a quorum has power only to 
adjourn from day to day; but they may compel the attend¬ 
ance of absentees by sending out the sergeant-at-arms with 
instructions to bring in members wherever found. 

An interesting question arises as to whether in counting 
a quorum members are to be considered present who are 
actually in the house, but who do not answer to their 

1 Constitution, Art. i, Sec. 5, Par. S. 

2 When the house is once organized, the quorum consists of a majority of those members 
chosen, sworn, and living, whose membership has not been vacated by resignation or by the 
action of the house. 


270 


GOVERNMENT AND POLITICS 


names when the roll is called. For many years it was cus- 
OounUng tomary for members of the minority party to re- 
a quorum lyjain silent at roll-call, so that if several members 
of the majority party were absent, no quorum would appear. 
Speaker Reed in 1890 commenced the practice of counting 
members present whom he saw actually in the House, 
whether voting or not; and the House afterwards sanc¬ 
tioned his aetion by adopting the rule that the clerk shall 
note and record in the journal the names of members pres¬ 
ent but not voting; and that these names, together with 
those of members voting, are to be counted and announced 
in determining the presenee of a quorum. This rule eon- 
stitutes one of the most effeetual checks upon “ filibus¬ 
tering ” — that is, upon obstruction tactics on the part of 
the minority. 

337 . The Officers of Congress. The presiding officer of 

the House of Representatives is the Speaker, chosen from 
Presiding the members by the House itself. In the Sen- 
oiiicera qfficio presiding officer is the Vice- 

President of the United States, the Senate itself choosing 
a president pro tempore^ who occupies the chair during the 
absence of the Vice-President, or in case the latter succeeds 
to the Presidency. Unlike the Speaker of the House, the 
President of the Senate exercises no special control over 
legislation, but resembles the Speaker of the British House 
of Commons in acting simply as a chairman or moderator. 
Questions of order are decided by him without debate, 
subject to appeal to the Senate. 

Other officers elected by the respeetive houses from 
persons not members are: the clerk (in the Senate called 
other the seeretary), the sergeant-at-arms, doorkeeper, 
oiiicors postmaster, and chaplain. Nominally these offi¬ 
cers are chosen by each house; but in practice the choice 
is made by the caucus of the majority party, held a few 
days before the organization of the house. 

338 . The Speaker of the House of Representatives. The 



IimTET) STATES SEXATE CHAMBEK 



UNITED STATES HALL OF REPRESENTATIVES 

































CONGRESSIONAL METHODS 


m 


House chooses its Speaker out of its own membership, 
and in earlier years exciting contests occurred in the House 
over the election. But with the development of Mode of 
the caucus system the real contest has been trans- 
ferred to the caucus of the majority party, held shortly be¬ 
fore the organization of the House. The candidate chosen 
by this caucus almost invariably receives the solid vote 
of his party in the House; for the rule of the caucus is that 
those who participate in its proceedings must support its 
decisions.^ 

As chairman of the House, the Speaker performs the cus¬ 
tomary duties of a presiding officer. He opens and closes 
the sittings of the House; maintains order; de- Duties as 
cides questions of parliamentary law; acts as the 
official representative of the House in its col¬ 
lective capacity; authenticates official proceedings by his 
signature; announces the order of business; states the 
question; and announces the vote. He also appoints the 
chairman of the committee of the whole, and may appoint 
a speaker pro tern for a period not exceeding ten days. The 
Speaker retains his privileges as a member, including the 
right to take part in debate (in which case he calls some 
member to the chair); and also the right to vote. 

339 . Chief Sources of the Speaker's Power. In addition 
to the above duties, the Speaker has three powers special 
of such importance as to give him a large degree 
of control over legislation during the period of his speaker- 
ship. 

( 1 ) The Speaker is empowered to determine to which 
committee each bill shall be referred. If the Reference 
measure might be appropriately referred to 
either of two committees, he may determine its fate by 
sending it to the one which is friendly or hostile, according 
to his personal inclinations. 

1 The minority party also nominates a candidate in its caucus, who is regarded as the 
leader of the opposition. 


272 


GOVERNMENT AND POLITICS 


(2) Another source of the Speaker’s authority is his 

power of recognition — that is, of deciding which member 
Power of is entitled to the floor; for no motion or speech 
recognitton made except by one who has been duly 

recognized by the chair. While there are certain unwrit¬ 
ten laws of recognition, and certain restrictions imposed 
by custom, the Speaker has the pov/er to recognize only 
such persons as he pleases; and accordingly he may see or 
refuse to see, as he thinks the public interest requires, or 
as party interests may dictate. When a member rises and 
addresses the chair, he is frequently asked, “For what 
purpose? ” and the Speaker then decides w’^hether he shall 
be recognized. Wlien a bill is before the House for con¬ 
sideration, the Speaker generally has a list of members 
(arranged beforehand by the committee chairman) who 
are to be recognized when the proper time comes; and 
discussion is thus confined to members whose names are 
on the Speaker’s memorandum. 

(3) The third source of the Speaker’s authority is his 

right to decide points of order, including power to deal 
Decides obstruction — that is, filibustering tactics 

points of on the part of the minority. The obstructive de¬ 
vices formerly resorted to by the minority in¬ 
cluded preventing a quorum by refusing to vote, and delay¬ 
ing action by offering dilatory motions (as to take a recess, 
or to fix a day to which the House shall adjourn). In the 
Fifty-first Congress, Speaker Reed inaugurated the existing 
practice of counting as present persons actually in the 
House, whether they respond to their names at roll-call 
or not; and he also disregarded all motions and appeals 
made simply for the purpose of delay — a practice now 
invariably followed. 

To the imperfect organization of the House, its lack of 
Reason for leadership, and the immense amount of business 
tionS'^*^' presented for its consideration, is due the central- 
power ization of power in the hands of its Speaker. 


CONGRESSIONAL METHODS 


273 


With thousands of measures presented for consideration 
by an unwieldy body of over four hundred members, it is 
essential to efficient action that some person be vested 
with large powers of control. Hence the Speaker, repre¬ 
senting the political majority, has been entrusted with his 
large authority. 

340 . The Committee on Rules. The rules committee 
is virtually a committee of control, with power to decide 
upon the order for considering bills, to deter- 

mine the length of debates, and the time when 
the vote shall be taken. This is done by “ reporting a 
rule ” — that is, by presenting a report as to the time and 
conditions under which the House shall consider a measure 
— a report which takes precedence over any other busi¬ 
ness. Accordingly the committee on rules can accept or 
reject a bill, permit or limit or refuse debate, admit or de¬ 
cline to admit an amendment. 

Until 1910 this committee consisted of the Speaker and 
two majority and two minority members named by him¬ 
self. In the Sixty-first Congress, those opposed Present or- 
to Speaker Cannon’s policy finally succeeded in 
depriving him of a portion of his powers by a change in 
the composition of this committee. A resolution was 
adopted providing that the committee on rules should 
consist of ten members elected by the House itself, the 
Speaker being excluded from membership. This number 
has since been increased to twelve, eight of the majority 
and four of the minority party. 

341 . Congressional Committees. Large representative 
assemblies are confronted with the difficult problem of 
giving careful consideration to an immense num- cabinet 
ber of measures, and at the same time acting 
promptly and efficiently. Two plans have been evolved for 
meeting this difficulty. The first is the cabinet or minis¬ 
terial system, under which the leaders of the majority party 
in the legislature — who for the time being also hold the 


GOVERNMENT AND POLITICS 


m 

chief positions in the cabinet — prepare legislative meas* 
ures, and defend them in the assembly against the at¬ 
tacks of the minority party. The cabinet virtually con¬ 
stitutes a central or ruling committee of the legislature, and 
retains control of the administration so long as it has the 
support of a majority of the members of the house. When 
no longer able to command a majority, the cabinet must 
resign, and a group of leaders from the opposition in turn 
becomes the governing committee. This is the British sys¬ 
tem, also followed in many countries of continental Europe. 

The second plan is the congressional or committee sys¬ 
tem, which prevails in our federal and State legislatures. 
Congres- Under this system the assembly is divided into 
committee ^ number of smaller groups or committees, each 
system ^Lich is charged with the consideration of leg¬ 

islation pertaining to a certain subject. After being con¬ 
sidered by these miniature legislatures, measures are re¬ 
ported to the assembly itself for final action. The decision 
of a committee with reference to a bill is practically final, 
for while either house may overrule the committee, in 
practice this is seldom done. Hence it is said that our legis¬ 
lation is by committees and not by the house, for as a rule 
the house merely ratifies the decisions of the committees. 

Commencing with a few committees in each branch, the 
number has increased until in the Sixty-seventh Congress, 
Develop- the Senate had 34 and the House 60 committees. 
Smmittee ^ize these vary from 3 to 34 members. Each 
system member of the House serves on one or two com¬ 
mittees, each Senator on from five to ten. Prior to 1911, 
the Speaker appointed all House committees; since that 
date these committees have been elected nominally by 
the members of the House, but in practice by the caucus 
of the majority and minority parties, held shortly before 
the House is organized.- In the same way, the Senate 

1 The members of the party which has a majority in the House meet in a caucus before the 
House is organized, and select the majority members of the Ways and Means Committee. 
Tills committee then acts as a committee on committees to nominate the majority members 


CONGRESSIONAL METHODS 


275 


elects its own committees in accordance with the list of 
members drawn up by the caucus of the two chief politic 
cal parties. The minority party is given such represen¬ 
tation upon committees as the majority sees fit to allow 

its representation being sometimes proportioned to the 
total minority membership. 

All of the more important committees have rooms as¬ 
signed them in or near the capitol, and meetings are held 
at certain hours on specified mornings. It is in committee 
these committee-rooms that most of the real 
work of legislation is performed. The committees confer 
with administrative ofiicials, listen to persons interested 
in proposed measures, summon and examine witnesses, 
and sift carefully the mass of measures referred to them 
for consideration. 

The advantages of the committee system are: (1) It 
affords a convenient means of eliminating worthless bills 
without taking up the time of the House. (2) It Advantages 
enables Congress to dispatch an immense vol- ofcommit- 
ume of business by subdividing the field of legis- 
lation. (3) It promotes specialization of legislative work, 
since members may be placed on committees for which 
their previous training has especially fitted them. (4) It 
enables Congress through its administrative committees 
to scrutinize the work of the executive departments. (5) It 
offers a suitable means of cooperation between the execu¬ 
tive and legislative departments. 

The defects of the committee system have been sum¬ 
marized by Bryce ^ as follows: (1) It destroys the unity 
of the house as a legislative body. (2) It pre- 
vents the capacity of the best members from 
being brought to bear upon any one piece of legislation, 
however important. (3) It cramps debate and deprives 

of all standing committees. The minority members of the House also meet in caucus, and 
delegate to their floor leader the duty of nominating the minority members on each com¬ 
mittee. When the House meets for organization, the committee members, agreed upon by 
each caucus, are usually elected without debate, 

‘ The American Commonwealth, i, 159-162. 


276 


GOVERNMENT AND POLITICS 


the country of the light on public affairs which debates in 
Congress ought to supply. (4) It lessens the cohesion and 
harmony of legislation, since laws proposed by fifty dif¬ 
ferent groups without any common oversight or control 
are almost certain to be inconsistent and contradictory. 
(5) It gives facilities for the exercise of underhanded and 
even corrupt influence. ( 6 ) It reduces responsibility. (7) It 
lowers the interest of the nation in the proceedings of 
Congress. ( 8 ) It throws power unaccompanied by ade¬ 
quate responsibility into the hands of the chairmen of com¬ 
mittees, especially those dealing with finance and other 
great material interests. 

342 . The Process of Legislation. Every bill introduced 
in the House or Senate is read the first time by title only, 
Introduction then referred by the presiding officer to the 
euMoibUis committee. The fate of the bill then rests 

with the committee; and “ not having been dis¬ 
cussed, much less affirmed in principle by the House, a bill 
comes before its committee with no presumption in its 
favor, but rather as a shivering ghost stands before Minos 
in the nether world.” ^ The committee may amend the 
bill as it pleases; or if unfavorable to the measure, may 
report it adversely, or too late for legislative action, or fail 
to report it at all. If a bill receives the approval of the 
committee, it is reported back to the House or Senate with 
a recommendation that it be passed. It is then read a sec¬ 
ond time in full, and is placed upon the calendar — “ the 
cemetery of legislative hopes ” — along with hundreds of 
other bills. Here it must ordinarily await its turn, unless 
the committee on rules sees fit to direct immediate con¬ 
sideration. If a bill reaches the third reading, it is read 
by title only unless a reading in full is demanded, and the 
question is then put whether the bill shall pass. 

In the House, debate is limited in several ways: (1) No 
member may occupy more than one hour in debate on any 

1 Bryce, James, The American Commonwealth, i, 157 . 


CONGRESSIONAL METHODS 


277 


question, except the member in charge of the bill, who 
may have an additional hour at the close. (2) In Debate in 
the committee of the whole, speeches are limited 
to five minutes on each question. (3) No member except 
the one who has introduced the bill may speak more than 
once on the subject without special permission from the 
House. (4) Before the debate begins, the chairman of 
the committee in charge of the bill, in consultation with 
the Speaker, arranges a list of members who are to be heard 
for and against the measure; and no others will be recog¬ 
nized by the Speaker — control of debate being thus placed 
in the hands of the Speaker and his lieutenants, the com¬ 
mittee chairmen. (5) It is customary for the member in 
charge of the bill, after a limited discussion, to move the 
previous question, a motion which cuts off debate and 
brings the House to a direct vote upon the question. 

In the Senate, debate is unlimited, and the absence of a 
closure rule makes it possible for Senators to defeat a 
measure by talking indefinitely upon the sub- Debate in 
ject. Although this privilege of unlimited dis- 
cussion is sometimes abused, the Senate has rep>eatedly 
refused to adopt a rule cutting off debate. It proceeds 
upon the theory that if hasty and ill-considered legislation 
is to be prevented, entire freedom of discussion must be 
allowed. 

Votes in Congress are taken in one of four ways: (1) By 
viva voce vote, in which case the presiding officer calls in 
turn for the “ ayes and noes, ” and decides by the Methods 
volume of sound whether the motion has been ®*^®^*“s 
carried or lost. (2) By a standing vote, whereupon those 
for and against the motion rise in succession and are counted 
by tellers. (3) By passing between tellers in front of the 
Speaker’s desk. (4) By roll-call, or vote by yeas and nays. 
In this case the clerk calls the roll and each member as his 
name is reached answers “ aye ” or “ no,” the vote being 
then recorded in the journal. 


278 


GOVERNMENT AND POLITICS 


If a bill receives a majority vote in one house, it is en¬ 
grossed and submitted to the other, where the same pro- 
Conferenco cess is repeated. Either house may amend any 
committees pleasure proposed by the other; but in case of 
amendment, however trivial, the bill must be returned to 
the house in which it originated. In the event of failure to 
agree upon an important measure, it is customary for each 
branch to appoint members of a conference committee which 
endeavors to adjust the differences. The report of this com¬ 
mittee is generally a compromise between the opposing 
views. If the conference report is passed by both branches, 
an enrolled copy is prepared and signed by each presiding 
officer; and the bill is then ready to be submitted to the 
President. 

343 . Relations of Congress to the President. If the 
President approves the measure and affixes his signature, 
President’s it thereupon becomes law. Otherwise he may 
veto the act, that is, return it to the house in 
which it originated, with a written statement of his objeC' 
tions. The objections are entered at large upon the journal 
of the house, whereupon the measure cannot become law 
unless upon reconsideration it receives a two-thirds vote 
of each house. 

In addition to the exercise of his veto power, the Pre¬ 
sident may influence the action of Congress in the follow- 
Executive ingways: (1) by his annual message to Congress; 
tajiuenc© calling a special session of Congress and 

Congress urging certain legislative measures; (3) by contact 
and communication through the executive departments 
with the congressional committees and their chairmen; 
( 4 ) by the distribution of executive patronage. 

On the other hand. Congress may bring its influence to 
congres- upon the President in several ways: (1) By 

sionaiinfiu- resolution, calling upon the President or an 
the Pro- executive department to adopt a certain course, 
or censuring a course already taken, or requesting 


sldent 


CONGRESSIONAL METHODS 


m 


the submission to Congress of papers and information 
upon which the executive department has based its action. 
( 2 ) By an investigating committee, appointed to inquire 
into the management of an executive department. (3) By 
refusing legislation recommended by the President, in order 
to embarrass his administration. (4) By withholding an 
appropriation necessary to carry out an executive policy. 
(5) By the use of a rider ^ to an appropriation bill. ( 6 ) By 
passing measures restricting the scope of executive powers; 
for example, requiring the President or his secretaries to 
do or refrain from doing something formerly left to their 
discretion. (7) By impeachment, “ the heaviest piece of 
artillery in the congressional arsenal.” 

344 . Limitations on the Legislative Powers of Congress. 
Since the government of the United States is one of 
delegated powers, it follows that the legislative General 
authority of Congress is derived from the federal 
constitution and restricted by its terms. The power to 
legislate must be granted by the constitution either in ex¬ 
press terms or by necessary implication; or the power must 
be one which is necessary and proper to carry into effect 
powers therein granted. 

Further, an act of Congress must not violate any of the 
restrictions expressly imposed upon Congress by the federal 
constitution. These are found mainly in the first speciiic 
ten amendments, and also in Section 9 of Article i. 

The first ten amendments constitute a federal bill of rights, 
designed to secure personal and political rights (freedom 
of speech, trial by jury, and the like) from invasion on the 
part of the federal government. The principal legislative 
powers withheld from Congress by Section 9 of Article i. 
are as follows: — 

No bill of attainder or ex post facto law shall be passed. 

No capitation or other direct tax shall be laid, unless in pro- 

^ “ A ‘rider’ is an unrelated piece of legislation attached to another legislative measure 
with the purpose of having it ride through on the merits of the measure to which it is at* 
tached.” — Woodburn, J. A., The American Republic and its Government, p. 807. 


^0 


GOVERNMENT AND POLITICS 


portion to the census or enumeration hereinbefore directed to be 
taken. 

No tax or duty shall be laid on articles exported from any State. 

No preference shall be given by any regulation of commerce 
or revenue to the ports of one State over those of another; nor 
shall vessels bound to, or from, one State, be obliged to enter, 
clear, or pay duties in another. 

No money shall be di*awn from the treasury, but in consequence 
of appropriations made by law; and a regular statement and ac¬ 
count of the receipts and expenditures of all public money shall 
be published from time to time. 

No title of nobility shall be granted by the United States. 

345 . Classification of Congressional Powers. The powers 
granted to Congress by the federal constitution may be 
classified under two heads: ( 1 ) express powers, or those 
specifically enumerated in the constitution; ( 2 ) implied 
powers, or those which are incident to express powers and 
necessary to their execution. 

346 . Express Powers of Congress. The powers expressly 
granted to Congress are enumerated in Section 8 of Arti¬ 
cle I, and in Section 3 of Article iv, and are as follows: — 

(1) To lay and collect taxes, duties, imposts, and excises, to pay 
the debts and provide for the common defense and general welfare 
of the United States. 

(2) To borrow money on the credit of the United States. 

(3) To regulate commerce with foreign nations, and among 
the several States, and with the Indian tribes. 

(4) To establish a uniform rule of naturalization, and uni¬ 
form laws on the subject of bankruptcies throughout the United 
States. 

(5) To coin money, regulate the value thereof, and of foreign 
coin, and fix the standard of weights and measures. 

(6) To provide for the punishment of counterfeiting the secur¬ 
ities and current coin of the United States. 

(7) To establish post oflBces and post roads. 

(8) To promote the progress of science and useful arts by grant¬ 
ing copyrights and patents. 

(9) To constitute tribunals inferior to the Supreme Court. 

(10) To define and punish piracies and felonies committed on 

the high seas, and offenses against the law of nations. 


CONGRESSIONAL METHODS 


281 


(11) To declare war, grant letters of marque and reprisal, and 
make rules concerning captures on land and water. 

( 12 ) To raise and support armies, but no appropriation of money 
to that use shall be for a longer term than two years. 

(13) To provide and maintain a navy. 

(14) To make rules for the government and regulation of the 
land and naval forces. 

(15) To provide for calling forth the militia to execute the laws 
of the Union, suppress insurrections, and repel invasions. 

(16) To provide for organizing, arming, and disciplining the 
militia, and for governing such parts of them as may be employed 
in the service of the United States. 

(17) To exercise exclusive legislative authority over the Dis¬ 
trict of Columbia — the seat of government of the United States; 
and to exercise similar authority over all places purchased for the 
erection of forts, magazines, arsenals, dockyards, and other pub¬ 
lic buildings. 

(18) To make all laws which shall be necessary and proper for 
carrying into execution the foregoing powers, and all other powers 
vested by this Constitution in the government of the United 
States, or in any department or oflScer thereof. 

(19) To dispose of and make all needful rules and regulations 
respecting the territory and other property belonging to the 
United States. 

(20) To admit new vStates into the Union. 

347. Implied Powers. We have seen that Congress is 
expressly authorized to make all laws “necessary and pro¬ 
per “ for carrying out the powers granted by the federal 
constitution. This clause is the foundation of the Authority 
doctrine of implied powers. While the federal 
government is one of enumerated powers, it is 
not limited to powers expressly granted by the constitu¬ 
tion, but may exercise others which are properly incident 
to express powers, and necessary to their execution. ^ 

It would be impossible to enumerate all the classes of 
statutes enacted by Congress in the exercise of its implied 
powers, but a few illustrations will show the prac- lu^gt^ations 
tical working of the principle. For example, “ the 
money powers of the federal legislature are held to give it 

* For Chief-Justice Marshall’s statement of the doctrine of implied powers, see Section 29ft 


282 


GOVERNMENT AND POLITICS 


tlie right to issue bonds and establish a system of national 
banks. Its power to regulate commerce invests it with au¬ 
thority to improve rivers and harbors, to maintain a coast 
survey, life-saving stations, and a naval observatory, to 
regulate the liabilities of ocean carriers and the charges of 
railroads, and to protect commerce against unlawful re¬ 
straints and monopolies, and illegal combinations and trusts. 
Its power to lay and collect taxes furnishes the authority for 
the establishment and maintenance of the whole elaborate 
system for the collection of the customs duties, and inter¬ 
nal revenue. Its authority to establish post offices and post 
roads includes the power to secure the passage of the mails 
from all obstructions or interruptions, to punish offenses 
against the postal laws, to exclude lottery advertisements 
and indecent matter from the mails, and to grant to tele¬ 
graph companies a right of way over the public domain. 
Wherever Congress advances to fill the sphere of legislative 
jurisdiction confided to it by the great grants of the con¬ 
stitution, there advances with it the right and power to 
choose the means by which its laws shall be made effectual, 
and which are appropriate to the ends it is designed to 
accomplish.” ^ 


GENERAL REFERENCES 

Beard, C. A., American Government and Politics (1910), chs. xii-xiv. 

-- Readings in American Government and Politics (1910), ch. xiv. 

Benton, T. IL, Thirty Years’ View (1854-56). 

Blaine, J. G., Twenty Years of Congress (1884). 

Bryce, James, The American Commonwealth (1907), i, chs. xv-xvi, xviii- 

XX. 

Follett, M.P., The Speaker of the House of Representatives (1904). 

Ford, H. J., The Rise and Growth of American Politics (1898), ch. xix. 
Fuller, H. B., Speakers of the House (1909). 

Hart, A. B., Actual. Government (1903), ch. xiv. 

-j— Practical Essays on American Government (1905), nos. i, ix. 

Harrison, B., This Country of Ours (1903), chs. ii-iii. 

Kaye, P. L., Readings on Civil Government (1910), pp. 129-148, 

Kent, James, Commentaries on American Law (14th ed., 1896), i, lecture 

XI. 

Lodge, H. C., Historical and Political Essays (1898), pp. 169-197. 


1 Black, H. C., Constitutional Law, p. 237. 





(By courtesy of the Superintendent of the United States Capitol and Grounds) 


THE OFFICE BUILDING OF THE UNITED STATES SENATE 
There is a similar building for the House of Representatives. 



(By courtesy of foster and Reynolds, ^ew tork) 

THE EXECUTIVE OFFICES 
Connected with the White House by a portico. 


























H. R. 9541. 




the Jnrst ^Bcssicnx, 


BcgTiQ and held at the City of Waslunj^ton -on Momkv, tlie fifteenth 
one thotLs;»nd nine hundretl aiuJ nine. 


AN" AC’T 

lo amend an Ael eiiliiled ' Ail Ai t teni|iiirarily In |niiviile ii veniii N and a 
eivil imvcnmieiil Inr I’nnn l!irii.,atid.lor utlier |iii;'|i(Ke>,'’ aiiiiroved A)nil 
twelftli, nineteen hundred. ' • ' ' 


/|| ll lii/irlid hi/ Ihi .^Diiih nil, I /J„ii^,- of ,,j ll„ I ' ,il,il 

Shilt-i oj Amcriai in (‘mit/nns iiili!,,l. That llie .\et entitled "A . Ael 
teinporarllv to provide reveniie.i; and a eivil iroveminenl ior I’lirto'liieo, and 
lor other purpose.-," approve.! April tvvelKh. nineteen hundred, is herel.v 
amended hy iiwrlinfr at the end of seetioi, thirty-one of >aid .\et the follovviiio 
a.Iditiona! proviso; . 

And firoriilul liirllnr. 'lhnl il at the lenuination of iiiiv tiseal war the 
ujvpropnalions m-eessary for the support of -royerninent for the ensiiinjr tiseal 
year shall not have heen made an amount eipial to the .sums approjirialed in . 
the last appropriation hills lor .siieh purpose shall la- deemed to he appropriattal; 
and until the legislature shall aet in stieh helialf the tretisnrer liiay. with the 
.adviee of the governor, make the - payments necessary for the janposes 
aforesaid.’’ 

Skc. 11. That all reports re.piired hy law to he made hy the governor or 
memhers of tlio exeeiitive eoiim-il of 1‘orto liieo to any ollieial in the I'nited 
State.s .shall hereafter he nmde to an e.xeeutive deiiartmenl of the liovermneni 
of the I lilted States to he designated hy the I'resident: and the I’resideiit i- 
hereby atithori-ml to jdai-e all matters pertaining to the govenimeni of I’orto 
liieo in the jurisdietion of stteh department. 





THE FORM OF A FEDERAL LAW 


















































CONGRESSIONAL METHODS 


28S 


Lowell, A. L., Essays on Government (1889), no. i. 

McConachie, L. G., Congressional Committees (1898). 

Moore, J. W., The American Congress (1895), ch. xxxiv. 

Reinsch, P. S., American Legislatures and Legislative Methods (1907), cha 

i-iii. 

———■ Readings on American Federal Government (1909), chs. vi, vii. 
Sherman, John, Recollections (1895). 

Story, J., Commentaries on the Constitution of the United States (5th ed. 
1905), I, secs. 814-904. 

Woodburn, James A., The American Republic and its Government (1908), 
pp. 257-315. 


QUESTIONS AND EXERCISES 

1. What is the number of the present Congress.? When does its term 
begin and end.? When is the long session.? The short session? 

2. Give historical examples of important special sessions of Congress. 
What do you understand by the legislative calendar.^ The Congres¬ 
sional Record? 

3. Which political party has control in each house? What majority has 
the dominant party? 

4. Under our ct nstitution each house has authority to decide questions 
concerning the election and qualifications of its members, while in 
the House of Commons disputed elections are referred to a judicial 
tribunal. Point out the advantages of each method. 

5. To what extent may the federal government regulate elections to 
Congress? 

6. Discuss the position and powers of the Speaker of the House of Re¬ 
presentatives, especially his powers (a) of recognition, (b) of deciding 
points of order, and (c) of referring bills to committees. 

7. Contrast the position of the Speaker of the House with that of the 
President of the Senate. 

8. Who is the Speaker of the present House? From what State does he 
come? Are Speakers frequently reelected? What Speaker served long¬ 
est in this position? 

9. Write an account of the struggle in the Sixty-first Congress to limit 
the powers of the Speaker. 

10. Summarize the advantages and defects of the committee system of 
legislation. 

11. Name the most important committees of each branch of Congress, and 
their chairmen. (See the latest Congressional Directory.) 

12. On which committees is your Representative? Committee positions 
of your Senators? 

13. What is meant by the committee of the whole? Describe the proce¬ 
dure in this committee. 

14. Answ’er the same for conference committees. 

15. Were any important measures referred to conference committees at 
the last session? Were any vetoed by the President? 

16. Select a law which was passed at the last session of Congress, and 
learn when it was first introduced as a bill, to what committee it was 
referred, when it was reported, how long debated and by whom, and 
the final vote upon it in the house where introduced. Follow it through 
the other house in the same way, and state when it was signed by the 
President. 



284 


GOVERNMENT AND POLITICS 


17. What volumes would you examine in order to ascertain the law ol 
Congress upon any subject.^ 

18. Can a bill be carried through all its stages and become a law, all in one 
day.?* 

19. When does an act of Congress take effect.? How are federal statutes 
promulgated.? 

20. Contrast the rules of the Senate and House concerning debate. 

21. Prepare a report upon the implied powers of Congress. 

22. Give instances of laws passed by Congress in the exercise of each of 
the following; financial powers; commercial powers; military powers; 
territorial powers; power to define and punish crimes; power to regu¬ 
late the election of the presidental electors. Senators, and Represen¬ 
tatives. 

23. Prepare an outline showing (a) the principal subjects of federal legis¬ 
lation; (b) of State legislation; (c) of local legislation. 

24. May a Congress bind a succeeding Congress? 

25. May the President submit drafts of bills to Congress? 

26. What do you understand by each of the following terms: the lobby; 
filibustering; log-rolling; party caucuses; strike bills; riders? 

27. Describe the obstruction methods sometimes resorted to in Congress. 
Mention recent cases of filibustering in the Senate or House. 


CHAPTER XXV 


ORGANIZATION OF THE FEDERAL EXECUTIVE 

348 . Method of electing the President. Under the 
Articles of Confederation, there was no national executive, 
and this had proven one of the fatal defects of Debates in 
the Confederation government.^ Hence in the Sonafcon- 
Constitutional Convention of 1787, there was veation 
unanimity as to the need of an executive department. The 
method of election was the subject of prolonged debate, 
the proposed plans including election by direct vote of the 
people, by Congress, and by electors chosen in various ways. 

Shortly before adjournment, the Convention decided 
that the choice of a President should be entrusted to eleet- 
ors chosen in such manner as the State legislatures direct.^ 
The arguments in favor of this method were that ohoice by 
it would obviate the objections to both popular Electoral 
and congressional elections; and that it would en¬ 
trust the selection to men qualified to exercise a wise choice, 
and capable of acting independently and deliberately. This 
expectation of an independent choice has not been realized 
in practice, since the electors in casting their votes do not 
exercise discretion, but merely register the will of their 
party as expressed through its nominating convention. 
In spite of its serious defects, this method of indirect elec¬ 
tion has at least two advantages: (1) no President can be 
chosen who does not have supporters in about half the 
States, thus decreasing the danger of a sectional choice; 

‘ The presiding officer of Congress acted sinoply as a chairman, and was in no sense the 
executive head of the government. 

• The origin of this plan is perhaps to be found in the provision of the Maryland con¬ 
stitution of 1776, under which State senators were chosen by electors who were themselves 
chosen by the people. 


286 


GOVERNMENT AND POLITICS 


and (2) it lessens the temptation to perpetrate election 
frauds in States which have large pluralities in favor of one 
of the political parties.^ 

349. Number and Choice of Electors. Each State has a 
number of presidential electors equal to the aggregate 
Numiaer ot number of Senators and Representatives to which 
©lectors jg entitled in Congress. Thus New' York having 

forty-three Representatives and tw^o Senators is entitled 
to forty-five electors; while Nevada with one Representa¬ 
tive and two Senators has three electors.^ 

The manner of choosing electors is left to the State legis- 
Methods latures, which have tried three different methods : 
of choice election by the legislature itself; popular election 
by single districts; and popular election by general ticket. 

At first in a majority of commonwealths, electors w'cre 
Electionhy chosen by the State legislatures; but wdth the 
legislature growth of democratic ideas this plan w^as grad¬ 
ually abandoned in favor of popular election, which now 
prevails in every State.^ 

Two different methods of popular election have been 
tried — the district and the general ticket systems. Under 
Election district plan formerly used, each voter cast his 

by popular ballot for three electors — one for the district in 
which he lived and two for the State at large. 
Election by districts was gradually supplanted by the gen¬ 
eral ticket system, under which each voter casts his ballot 
for all the electors to which the State is entitled.'* Under 


* Thus if the President had been chosen by direct popular vote in the year 1908, there 
would have been a temptation to increase, by fraudulent manipulation, the Republican 
plurality of 123,537 in Pennsylvania, or the Democratic plurality of 151,135 in Texas; but 
no amount of manipulation could give the Republicans more than thirty-four electoral 
votes in Pennsylvania, or the Democrats more than eighteen electoral votes in Texas. 

* The total number of presidential electors is therefore equal to the entire number of 
Representatives plus the total number of Senators. 

s By 1832 the only State retaining election by the legislature was South Carolina, which 
adhered to this plan until 1868. 

* Maryland was the last State to give up the district system, which she abandoned after 
Ihe election of 1832. Since then the district plan has not been used in any State except for 
two years in Michigan. In 1891 the party then dominant in the Michigan legislature, 
realizing that it could not carry the electoral vote of the State as a whole, adopted the dis¬ 
trict system in order to gain the electoral votes of some districts. The plan was success¬ 
ful in dividing Michigan’s electoral vote in 1892, but the act was repealed the following year 


ORGANIZATION OF FEDERAL EXECUTIVE 287 


the general ticket plan (now universal throughout the 
Union), the ticket of one party is usually carried entire, 
since its supporters ordinarily vote for all the electors, 
whose sole function is to vote for the party’s presidential 
candidate. This method concentrates the struggle in the 
doubtful States, especially in those which have large elect¬ 
oral votes. ^ 

350. Qualifications for Electors and Voters. The only 
constitutional qualification for electors is the negative 
one that they shall not hold any office of trust or profit 
under the United States. In practice the district electors 
must be residents of their respective districts. 

The qualifications for voters in presidential elections are 
the same as those for voters for the more numerous branch 
of the State legislature. Generally the suffrage is bestowed 
upon all citizens twenty-one years of age who have re¬ 
sided within the State a certain period — frequently one 
year. 

351. Time of Choosing Electors. Congress is empowered 
by the constitution to appoint a day for choosing the elect - 
ors, and this day is to be uniform throughout the United 
States. In 1845 Congress prescribed the Tuesday following 
the first Monday in November of each leap year.^ The 
election held on this day is popularly called the presidential 
election, as it is in effect; but speaking strictly, no votes 
at all are given for President and Vice-President on that 
day, but only for certain electors. About two months later 
the electors who have been chosen meet, and by their votes 
elect the nominee of their party. 

352. Meeting of the Electoral College. In each State the 
electors who have received a plurality of the casting mo 
popular vote assemble at the State capital on the electoral 
second Monday in January following their elec¬ 
tion. Here they proceed to vote in distinct ballots for Pre- 

* In 1884, Grover Cleveland secured all of New York’s thirty-six electoral votes, although 
his plurality was only about one thousand out of a total of over one million votes cast in 
that State. 

3 Also in 1900, which was not a leap year. 


288 


GOVERNMENT AND POLITICS 


sident and Vice-President, one of whom at least must not 
be an inhabitant of their own State. Three duplicate lists 
are then made giving the names of all persons voted for 
as President and Vice-President, respectively, and the 
number of votes for each. To each of these lists is attached 
a copy of the certificate of election signed by the governor 
of the State. The lists are then signed by all the electors, 
sealed, and certified as containing all the votes of the State 
for President and Vice-President. A special messenger — 
generally one of the electors — takes one of these lists to 
the President of the Senate at Washington; another list is 
sent by mail to the same officer; and the third is depos¬ 
ited with the United States district judge of the district 
in which the electors meet. 

353 . Counting the Electoral Vote. In accordance with 
the statute passed in 1887, the count of the electoral vote 
Process occurs on the second Wednesday in February 

following the meeting of the electors. Both 
houses of Congress assemble in the hall of the House of 
Representatives, whereupon the President of the Senate 
opens the certificates, and the count is begun. The vote 
of a majority of all the electors appointed is necessary to 
the choice of both President and Vice-President. Except 
in case of disputed returns, the count is a mere form, since 
the result is ordinarily known three months before. 

354 . The Disputed Election of 1876 . The constitution 

simply provides that “ the votes shall then be counted,” ^ 
Double apparently contemplating a mere enumeration, 
returns method is established for deciding as to the 

admissibility of doubtful votes, and this omission led to 
serious difficulty in the disputed election of 1876. At the 
time of this election there were 369 electoral votes, the 
number necessary to a choice being 185. Tilden and Hen¬ 
dricks, the Democratic nominees, received 184 undisputed 
votes; while Hayes and Wheeler, the Republican candi- 


J Constitution, Amendment xn. 


ORGANIZATION OF FEDERAL EXECUTIVE 289 


dates, received 163 votes which were not contested. Four 
commonwealths, Oregon, Florida, Louisiana, and South 
Carolina, with an aggregate of 22 electoral votes, sent in 
double sets of returns, both the Democratic and Republi¬ 
can electors claiming to have been chosen.^ As the Senate 
was Republican and the House of Representatives Demo¬ 
cratic, it was evident that Congress would not readily agree 
upon a solution of the questions involved. 

After bitter and protracted discussion, a measure was 
passed, creating an electoral commission to consist of fif¬ 
teen members, including an equal number of 
Senators, Representatives, and Justices of the Electoral 
Supreme Court. Disputed returns were to be re- 
ferred to this commission, and its decisions were to be 
final unless reversed by vote of both houses. The com¬ 
mission voted on strictly partisan lines, and by a vote of 
eight to seven decided that the twenty-two electoral votes 
in dispute should be counted for the Republican candi¬ 
dates, who were thereby elected by a vote of 185 to 184. 
In order to prevent another complication of this kind, 
Congress passed the act of 1887, regulating in detail the 
counting of the electoral vote.^ 

355 . Election by the House of Representatives. The 
constitution requires for the election of President “ a ma¬ 
jority of the whole number of electors appointed.” If no 
person has a majority, the House of Representatives, in ac¬ 
cordance with the twelfth amendment, elects the President 
by ballot from among the three candidates having the 
highest number of electoral votes. The vote in the House 

* In Oregon one electoral vote, only, was in dispute. 

* If but one return is received from any State, its vote cannot be rejected if regularly given 
by electors whose appointment has been duly certified by the governor. In case more than 
one return is received, if there has been a determination by a State authority or tribunal as 
to who are the legal electors, such determination is conclusive; if conflicting decisions are 
made by different tribunals, each claiming power to act, the vote of the State is rejected 
unless the two houses of Congress agree as to who are the legal electors. In case no such 
determination has been made by State authority, and one set of electors has been certified 
by the governor, the vote given by them is to be received unless both houses, acting sep¬ 
arately, agree to reject; while if neither set of electors has a certificate, the vote is not to be 
counted unless both houses, acting separately, agree as to who are the legal electors. 


290 


GOVERNMENT AND POLITICS 


is taken by States, the delegation from each commonwealth 
having one vote; and a majority of all the States is neces¬ 
sary for a choiced In case the House does not choose a 
President before the fourth of March, the newly elected 
Vice-President becomes President. 

356 . Elections of 1800 and of 1824 . Two elections, those 
of 1800 and of 1824, have been decided by the House. In 
Election the election of 1800 both Jefferson and Burr re- 
ofisoo ceived the same number of electoral votes, 73 . 
This was a majority of the whole number of votes (138), 
but the tie resulted from the fact that under the original 
provision of the constitution the electors voted simply for 
two candidates, without designating separately their choice 
for President and Vice-President. After an exciting con¬ 
test, Jefferson was elected on the thirty-sixth ballot. This 
contest led to the adoption of the twelfth amendment, 
which establishes the present method of election. 

Again in 1824 the House was called upon to decide the 
contest. Of the electoral votes, Andrew Jackson had re- 
Eiection ceived 99, John Quincy Adams, 84, W. H. Craw- 
011824 Henry Clay, 37 . No one having 

the necessary majority (131), the House proceeded to elect 
from the three highest candidates. On the first ballot 
Adams was chosen by the following vote: Adams, 13, 
Jackson, 7, Crawford, 4. 

357 . Changes in the Process of Election. Four elections 

were held under the original provision of the constitution, 
_ but the election of 1800 demonstrated the need 

By consti¬ 
tutional of a separate ballot for President and Vice-Presi- 

amendment order to remove the possibility that the 

candidate for Vice-President might defeat the candidate 
intended for President. Accordingly the twelfth amend¬ 
ment was proposed by Congress in December, 1803, and 
ratified by the legislatures of three fourths of the States 
in the following year. The principal points of difference 

* In case of election by the House, members must be present from two thirds of the States, 


ORGANIZATION OF FEDERAL EXECUTIVE 291 


between the original and the present methods are, that the 
electors now cast separate ballots for President and for 
Vice-President; and that when the election devolves upon 
the House, that body chooses from the three highest candi¬ 
dates, instead of from the five highest, as under the original 
clause. 

The intention of the framers of the constitution was 
that the electors should act independently in selecting a 
President. But in the third election (1796), it By political 
was understood that the Federalist electors were 
to vote for Adams, and the Republican-Democratic elec¬ 
tors for Jefferson; and since that time there has never been 
a case where an elector has voted contrary to the expecta¬ 
tions of those who chose him. Candidates for President 
and Vice-President are now nominated by national con¬ 
ventions^ of the political parties (usually held in June or 
July), composed of delegates from each State (two from 
each congressional district and four from the State at 
large). After the nomination of candidates by the na¬ 
tional convention. State or district conventions of each 
party nominate electors whose sole function if elected is 
to vote for the candidates previously nominated. No pro¬ 
vision of the constitution is stronger than the unwritten 
law that a presidential elector is required to vote for his 
party candidate. 

Thus the judgment of the political party acting through 
its convention has been substituted for that of the individ¬ 
ual electors. The letter of the constitution is fol- Popular 
lowed, but not the spirit; for the President and choice of 
Vice-President are in fact chosen by the people 
acting through the machinery of political parties; and the 
electors are merely a cog in the machine. By thus suppress¬ 
ing the discretion of the electors and making them mere 
registers of the popular will, the Presidency has been made 
a democratic and a representative institution. 

> See Chapter xxxvii. 


292 


GOVERNMENT AND POLITICS 


358 . The Inaugural Ceremony. The President-elect 

usually goes to Washington a short time before March 4, 

Oath of which day the inaugural ceremony occurs. 

office and On the day of the inauguration, he is escorted by 
address , . . , • n /r 

the committee m charge to the Executive Man¬ 
sion or White House, and then, accompanied by the out¬ 
going President, he proceeds to the capitol. The constitu¬ 
tion requires that before entering upon his duties he shall 
take an oath to faithfully execute the office of President, 
and to preserve, protect, and defend the constitution. A 
platform is erected on the east front of the capitol, and here 
in the presence of immense throngs of people, the oath is 
administered by the chief justice of the United States.^ 
The President then delivers an address outlining his pro¬ 
posed policies. This concludes the inaugural ceremony 
proper, after which the President returns to the White 
House and reviews a procession which is generally several 
hours in passing. 

359 . Presidential Term, Salary, and Qualifications. The 
original preference of the Constitutional Convention was 
Four-year for a single term of seven years, but this was 

finally changed to a term of four years, with no 
restriction as to reeligibility. The term commences on the 
fourth day of March of each quadrennial year succeeding 
March 4, 1789. Precedent and custom having almost the 
force of law have placed a limit upon the number of terms 
a President may serve. Washington served two terms, 
but declined to be considered for a third, thereby estab- 
iishing a precedent which has since been followed. In 
1880 an effort was made to nominate ex-President Grant 
for a third term; but its failure served to strengthen the 
unwritten rule that no President is eligible for a third term.^ 

^ This is merely a custom, not a law. The oath of office may be taken before any official 
entitled to administer an oath. 

* Nine Presidents have been reelected as their own successors, namely: Washington, 
Jefferson, Madison, Monroe, Jackson, Lincoln, Grant, McKinley, and Wilson; one President, 
Cleveland, was reelected after an intervening term; and Roosevelt was elected Presiden*^ 
after he had succeeded to the office upon the assassination of McKinley. 


ORGANIZATION OF FEDERAL EXECUTIVE 293 


The qualifications prescribed by the constitution for 
the Presidency relate to citizenship, residence, and age. 
Natural-born citizens,^ who have resided in this Quaiifica- 
country at least fourteen years, and have at- 
tained the age of thirty-five years, are eligible. The Vice- 
President must have the same qualifications. 

The compensation of the President is fixed by Congress, 
but may not be increased or diminished during the existing 
presidential term. The first salary act passed in 
1789 fixed the President’s salary at $25,000 a * ^ 
year; in 1873 this was changed to $50,000, and in 1909 to 
the present salary, $75,000. In addition. Congress pays cer¬ 
tain expenses connected with the White House, and makes 
other allowances for expenses incidental to the presidential 
office. The annual salary of the Vice-President is $12,500. 

360 . The Vice-President. In case of failure to elect a 
President, or of his death, resignation, inability to discharge 
his duties, or removal by impeachment, the office pmjgtjQjjg 
devolves upon the Vice-President. The ordinary 
function of the Vice-President is to preside over the de¬ 
liberations of the Senate; but he is not a member of this 
body, and his influence upon the Senate is ordinarily slight, 
since he does not appoint its committees and has no vote 
except in case of a tie. 

The Vice-President is generally nominated not with re¬ 
ference to his fitness to succeed the President, but because 
of his “ availability ” — to help carry a doubtful 
State, or to placate a defeated faction in the 
nominating convention. Yet five times in our history the 
succession has devolved upon the Vice-President. By the 
death of Harrison in 1841 and of Taylor in 1850, Tyler 
and Fillmore, respectively, became Presidents; and by the 


1 The constitution restricts eligibility to “ natural-born citizen, or a citizen of the United 
States at the time of the adoption of this constitution.” The exception in this last clause 
was in favor of men of foreign birth (like Alexander Hamilton and James Wilson) who had 
performed splendid service during the Revolutionary period. It would have been ungra¬ 
cious to render such men ineligible to the presidential office; hence the exception, which ol 
course is no longer of practical effect. 


2^)4 


GOVERNMENT AND POLITICS 


assassination of Lincoln in 1865, of Garfield in 1881, and 
of McKinley in 1901, Johnson, Arthur, and Roosevelt, re¬ 
spectively, succeeded to the Presidency. ^ 

361. Election of Vice-President by the Senate. The 
Vice-President is chosen by electors in exactly the same 
Method manner as the President; but if no person receives 
ot choice ^ majority of all the electoral votes for Vice-Pre¬ 
sident, then in accordance with the constitution the Senate 
elects that officer from the two candidates having the high¬ 
est number of electoral votes, a majority of the whole 
number of Senators being necessary to a choice. The Sen¬ 
ators vote as individuals, each member having one vote.^ 

362. Statutory Presidential Succession. Congress is 
empowered to designate by law who shall succeed in case 
. . .,««« the offices of both President and Vice-President 

Act of 1886 . 

become vacant — a contingency which has never 
yet occurred.^ In 1886 Congress passed the present law, 
which, with later amendments, provides for succession by 
cabinet officers in the following order: Secretary of State, 
Secretary of the Treasury, Secretary of War, Attorney- 
General, Postmaster-General, Secretary of the Navy, Sec¬ 
retary of the Interior. In order that the succession may 
devolve upon a cabinet officer, it is necessary that he shall 
have the constitutional qualifications prescribed for the 
Presidency. 

^ The succession of both Tyler and Johnson proved a serious disappointment to the party 
which had elected them. Each had been nominated because of his “availability”—to 
strengthen the ticket. 

2 Only once in our political history has the choice of Vice-President devolved upon the 
Senate. In the election of 1836, Richard M. Johnson received 147 electoral votes for Vice- 
President out of a total of 294, lacking one vote of the requisite majority. He was chosen 
by the Senate, the vote standing: Johnson, 33; Granger, 16. 

* The statute of 1792 provided that the President pro tern of the Senate should be nest in 
succession, then the Speaker of the House,a new presidential election to follow within 
two months. 


ORGANIZATION OF FEDERAL EXECUTIVE 295 


GENERAL REFERENCES 

Ashley, R. L., The American Federal Slate (1903), secs. 326-336. 

Beard, C. A., American Government and Politics (1910), ch. ix. 

Black, H. C., American Constitutional Law (1897), pp. 89-97. 

Bryce, James, The Am.erican Commonwealth (1907), i, ch. v. 

Ford, H. J., The Rise and Growth of American Politics (1898), ch. xxii. 
Hamilton, Jay, and Madison, The Federalist (ed. by Lodge, 1904), nos, 

LXVII-LXXII, 

Harrison, Benjamin, This Country of Ours (1903), chs. iv-v. 

Hart, A. B,, Actual Government (1903), ch. xv. 

Kaye, P. L., Readings in Civil Government (1910), pp. 184-196. 

Schouler, James, Constitutional Studies (1904), pp. 156-168. 

Stanwood, Edward, History of the Presidency (1916). 

Tucker, J. R. Constitution of the United States (1899), ii, pp. 693-714. 
Wilson, Woodrow, The State (1906), secs. 1324-1333. 

Woodburn, James A., The American Republic and its Government (1908), 
pp. 94-142. 


QUESTIONS AND EXERCISES 

1. Discuss the arguments of Hamilton and Madison in the Constitu¬ 
tional Convention as to the length of the presidential term. 

2. Prepare a report upon the methods of presidential election proposed 
in the Constitutional Convention. 

3. What method of electing the President do you consider best.? Reasons.^ 

4. How many members in the electoral college at present.? How is this 
number fixed.? What number of electoral votes is necessary to a 
choice.? 

5. How many electors has your State.? Which political party generally 
carries your State in presidential elections.? 

6. What qualifications are required in your State to entitle one to vote 
for presidential electors.? 

7. What would be the advantages of having electors chosen by congres¬ 
sional districts with two at large for each State, instead of upon a 
general ticket.’ 

8. Describe the process by which the Presidency has been made a re¬ 
presentative, democratic institution (Section 357). In other words, 
the difference between the theory and the practice of presidential 
elections. 

9. Who were the candidates in the last presidential election? How were 
they nominated.? Who were the candidates for Vice-President.? 

10. Who were the delegates-at-large from your State and the delegates 
from your district at the last Republican and Democratic national 
conventions.? How were they chosen? 

11. What electoral vote was received by each of the two principal can¬ 
didates at the last presidential election? What was the popular vote 
for each? 

12. What was the previous public service of our President before his elec¬ 
tion to the Presidency? Are successful governors often nominated 
for the Presidency? 


CHAPTER XXVI 


THE PRESIDENT S POWERS AND DUTIES 


363. General Characteristics of the Federal Executive. 

The federal constitution, like the State constitutions, es- 

import- tablishes the executive department as an inde- 

anceof pendent and coordinate branch of the govern- 

Presidency , i o * • 

ment; but unlike the State constitutions, it vests 

executive power in a single individual — the President. 
Elected as the representative of the nation, and entrusted 
with large powers and corresponding responsibilities, the 
President is the most imposing as well as the most power¬ 
ful factor in our national government. “A chief magis¬ 
trate who ■wields the v/hole military and no inconsiderable 
share of the civil power of the state, who can incline the 
scale to war and forbid the return of peace, whose veto will 
stay the course of legislation, who is the source of the 
enormous patronage which is the main lever in the pol¬ 
itics of the United States, exercises functions which are 
more truly regal than those of an English monarch.’’ ^ 
Since the executive is an independent branch of the govern¬ 
ment, it follows that in the performance of his duties the 
Executive President is subject to the control of no other de- 
independ- part ment or body. “The grand theory of the con¬ 

stitution makes him a co-equal in the tri-partite 
organization. He draws his power from the same source as 
the national legislature and judiciary; he is answerable to 
neither; his discretion is as absolute as that of any legis¬ 
lator, and more so than that of any judge; no other branch 
of the government may rightfully interfere with him in the 
exercise of that discretion.” ^ Plence it follows that the Pre- 

1 Hare, J. I. C., American Comtitutional Law, i, 173. 

* Pomeroy, J. N., Conetitutional Law of the United Statei, sec. 631. 


THE PRESIDENT’S POWERS AND DUTIES 297 

sident is privileged from the jurisdiction and process of any 
court. He cannot be arrested for any reason whatsoever, 
and is answerable for misconduct only before one tribunal 
— the Senate of the United States organized as a court of 
impeachment. 

364 . Classification of Executive Powers. The powers of 
the President are enumerated in Article ii, Sections 2 
and 3 of the constitution, and may be classified as follows: 
( 1 ) military powers; ( 2 ) administrative powers; ( 3 ) dip¬ 
lomatic powers; (4) legislative powers; (5) judicial powers. 

365 . Military Powers of the President. The President’s 
military powers arise ( 1 ) by virtue of his position as com¬ 
mander-in-chief; ( 2 ) from his general duty to enforce the 
laws; and (3) from the federal guaranty to the State govern¬ 
ments of protection against invasion or domestic violence. 

366 . Position as Commander-in-Chief. The constitution 
provides “that the President shall be commander-in-chief 
of the army and navy of the United States, and of the mil¬ 
itia of the several States, when called into actual service 
of the United States.” ^ By virtue of his position as com¬ 
mander-in-chief, the President regulates the disposition of 
the military and naval forces, both in time of peace and 
war; he appoints and dismisses all officers both of the army 
and navy; supervises the execution of the military law by 
which the army and navy are governed; calls out any part 
of the State militia when in his judgment such action is 
necessary to execute the laws of the Union, suppress in¬ 
surrection, or repel invasion; and when war has been declared 
or when hostilities actually exist, he wages war as su¬ 
preme commander. Not that the President is expected to 
take the field in person, but he has general charge of mili¬ 
tary movements. “ In theory he plans all campaigns, estab¬ 
lishes all blockades and sieges, directs all marches, fights 
all battles.” ^ 


* Constitution, Art. ii. Sec. 2. 

* Pomeroy. J. N.. Constitutional Law, sec. 706. 


208 


GO\^RNMENT AND POLITICS 


In time of war the President’s powers may so expand as 
to make him almost a dictator, as was the case with Pre- 
War powers sident Lincoln during the Civil War, and also 
practically with President Wilson during the great World 
War which we entered in 1917. Without waiting 
for action by Congress, President Lincoln proclaimed a 
blockade of the Southern ports, called for 75,000 volun¬ 
teers, and increased the regular army by 22,000 men. 
Later, by the exercise of his authority, the writ of habeas 
corpus was suspended; martial law was declared in many 
districts; arrests were made upon military warrant with 
trial before military courts; and provisional governments 
were established in hostile territory. Finally, — the crown¬ 
ing example of the President’s absolute power in time of 
war, — the Emancipation Proclamation was issued (Janu¬ 
ary 1 , 1863), freeing the slaves in the States then in rebel¬ 
lion. 

In the great struggle against the aggression of Germany, 
Congress clothed the President with every power necessary 
to the successful prosecution of the war, including control 
of food, fuel, shipbuilding, railway transportation, the tele¬ 
graph and wireless systems, besides making liable for military 
service every able-bodied man between the ages of eighteen 
and forty-five years. 

367 . Duty to enforce the Laws. The exercise of the 
President’s military powers may at any time result in con- 
Methods sequence of his important and comprehensive 
of law duty to “ take care that the laws be faithfully 
executed.” ^ Ordinarily the execution of the laws 
proceeds along peaceful lines and can be carried on through 
the civil administration. Individuals who violate federal 
laws are arrested by United States marshals or their de¬ 
puties, and tried before the proper federal court. But in case 
resistance to federal law becomes so serious that the civil 
powers cannot cope with it, the President is authorized to 


' Constitution, Art. ii, Sec. 3. 


THE PRESIDENT’S POWERS AND DUTIES 299 


employ the military arm of the government to restore order; 
and it is for him to determine when such necessity exists, 
and which branch of the military service — the militia or 
the regular army — shall be used. 

On several occasions in our history the President has 
found it necessary to use military force in order to execute 
the laws. In 1794 President Washington called out the mili¬ 
tia from four States in order to suppress the so- Employment 
called Whiskey Rebellion. The Civil War was of muitary 
course the most notable instance when the Execu¬ 
tive was obliged to resort to military force to execute the 
laws. Again, during the railway strikes of 1877 and 1894, 
mob violence interfered with the performance of certain 
functions of the national government, especially the trans¬ 
portation of the United States mails; and on both occasions 
regular troops were employed to overcome the resistance. 

368 . Protection of the States. The constitution provides 
that “ the United States shall guarantee to every State in 
this Union a republican form of government, and Federal in- 
shall protect each of them against invasion; and 
on application of the legislature, or of the executive (when 
the legislature cannot be convened), against domestic 
violence.’' ^ In order to give effect to this guaranty against 
domestic violence. Congress has authorized the President, 
on application of the State legislature or executive, to order 
out such numbers of the militia as he deems necessary to 
suppress the insurrection. It is for the President to decide 
whether the exigency exists upon which the federal govern¬ 
ment is bound to interfere.^ In case of a conflict between 
rival State governments, it may devolve upon him to deter¬ 
mine which is the rightful authority and to suppress the 
opposition.^ 

1 ConstUuticm, Art. iv, Sec. 4. 

* Luther v. Borden, 7 How. 1; Thayer’s Cases, i, 193. 

* Thus in the case of Dorr’s rebellion in Rhode Island (1841-42), the President recognized 
the charter governor as the lawful executive and took steps toward calling out the militia 
to support his authority; and because of this action the rebellion collapsed. Again in 1873 
a conflict between two rival governments in Louisiana was settled by federal troops. 


300 


GOVERNMENT AND POLITICS 


Under some circumstances the President need not await 
Intervention application of the State authorities before 
to execute intervening. For example, if domestic violence 
within a commonwealth violates federal law and 
interrupts the discharge of the functions of the national 
government, the President may act without awaiting the 
application of the State government. In such cases federal 
intervention is authorized under the clause of the consti¬ 
tution requiring the President to “ take care that the laws 
be faithfully executed.” ^ 

369 . Administrative Powers. The chief administrative 
function of the Executive is to carry into effect the laws 
Federal ad- Passed by Congress. In discharging this duty the 
ministration President is aided by a large number of executive 

officials, who are responsible to him as head of the 
administration. Most of these officers are appointed by the 
President either directly or through his immediate sub¬ 
ordinates; and practically all of them, from cabinet officer 
down to federal marshal, may be removed by him. Thus 
the distinctive feature of the federal administration is the 
direct control exercised by the President through his power 
of appointment and removal. In sharp contrast with the 
State executive, the President is the actual as well as the 
nominal head of the administration. 

370 . The Power of Appointment. The President’s power 
of appointment is conferred by the constitution in the fol- 
constitu- lowing provision: “He shall nominate, and by 

and with the advice and consent of the Senate, 
shall appoint ambassadors, other public ministers 
and consuls, judges of the Supreme Court, and all other 
officers of the United States, whose appointments are not 
herein otherwise provided for, and which shall be estab¬ 
lished by law; but the Congress may by law vest the ap¬ 
pointment of such inferior officers as they think proper, in 


^ A notable instance of intervention under these circumstances was President Cleveland’s 
action during the great railway strike of 1894, when he ordered United States troops into 
Illinois to enforce the postal laws and the provisions of the Interstate Commerce Act. 


BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. 

A PROCLAMATION. 

This year of 1910 is drawing to a close. The records of popula¬ 
tion and -harvests which are the index of progress show vigorous national 
growth and the health and prosperous well-being of our communities through¬ 
out this land and in our possessions beyond the seas. These blessings 
hare not descended upon us in restricted measure, but overflow and abound. 
They are the blessings and bounty of God. 

We continue to be at j)eace with the rest of the world. In all essen¬ 
tial matters our relations with other, peoples are harmonious, with an ever¬ 
growing reality of friendliness and depth of recognition of mutual dependence. 
It is especially te be noted that during the past year great progress has been 
achieved in the cause of arbitration and the'peaceful settlement-of interna¬ 
tional disputes. 

Now,- therefore, I, William Howard Taft, President of the United-States 
of America, in accordance with the wise custom of the civil magistrate since 
the first settlements in this land and with the rule established from the 
foundation of this Government, do appoint Thursday, November 24,1910, as a 
day of National Thanksgiving and Prayer, enjoining the people upon that day 
to meet in their churches for the praise of Almighty God and to return 
heartfelt thanks to Him for all Hfs goodness and loving-kindness. 

• IN WITNESS WHEREOF I have hereunto set my hand and caused the seal of 
the United States to be affixed. 

• Done at the City of Washington this fifth day of 

November, in the year of our Lord one thousand nine 
hundred and ten and of the independence of the 
, United States the one hundred and thirty-fifth. 


By the President: 



Secretary of State. 


A PRESIDENTIAL PROCLAMATION 

















THE PRESIDENT’S POWERS AND DUTIES SOI 


the President alone, in the courts of law, or in the heads of 
departments.” ^ The officers whose appointments are 
“ otherwise provided for ” are the President and Vice-Pre¬ 
sident, the presidential electors, members of the Senate 
and House, and the several officers of these two houses. All 
other officers of the United States are appointed either: 
(1) by the President subject to confirmation by the Sen¬ 
ate; or (2) in the case of inferior officers, by the President 
alone, by the courts of law, or by the heads of depart¬ 
ments. 

371. Officers appointed by Concurrent Action of Pre¬ 
sident and Senate. The class of officers appointed by the 
President with the advice and consent of the Sen- ^ 

ate is comparatively small (12,000 out of 517,000 making ap- 

. . . - . pointmenta 

federal officials), but it comprises the most impor¬ 
tant officers of the government. ^ The customary process 
of appointment is for the President, after private conference 
with individual Senators from the States in which the ap¬ 
pointees live,^ to send to the Senate the names of the 
persons selected for certain offices. The Senate refers these 
nominations to the appropriate standing committee; and the 
committee confers with the Senators of the State from which 
the nominee comes (if of the same political party as the 
President) to ascertain whether there is objection to the 
appointment. A report is then made to the Senate either 
favorably or adversely to the nominee, and that body con¬ 
firms or rejects the appointment. If the nomination is con¬ 
firmed, the President on being notified issues a commission 


1 Constitution, Art. ii, Sec. 2. ^ 

2 In this class are included all ambassadors, ministers, and consuls; all federal Judges; 
most military and naval officers; cabinet officers and their immediate subordinates; the 
treasurer of the United States; the comptroller of the currency; superintendents of mints; 
commissioners of internal revenue; collectors of customs and internal revenue; interstate 
commerce commissioners; commissioners of patents; commissioner of pensions; pension 
agents; land agents; Indian agents; district attorneys and marshals territorial governors; 
and postmasters of the first, second, and third classes (all whose salary is $1000 or over). 

■i Provided those Senators are of the same political party as the President. In the case of 
minor appointments within a congressional district, the President ordinarily confers mth 
the Representative from that district (if of the same political party as the President), and is 
more or less guided by his recommendation. 


GOVERNMENT AND POLITICS 


302 

to the officer, thereby completing the appointment; while if 
the nominee is rejected, the President must make another 
choice. 

An exception to the usual process of appointment arises 
Recess ap- in case of vacancies which occur from death, re- 
pointments resignation during the recess of the 

Senate. In such cases the President may make temporary 
appointments at his sole discretion; but such an appoint¬ 
ment terminates at the end of the next session of the Sen¬ 
ate, unless meantime confirmed by that body. 

372 . Appointment of Inferior Officers. Under the con¬ 
stitution, Congress is empowered to vest the appointment 
Method of of inferior officers in the President alone, in the 
appointment qj. heads of departments. Ac¬ 

cordingly the President appoints the clerks in his office, and 
indirectly (through his department heads) controls the 
appointment of many other officials; the judges appoint 
the clerks and reporters of their courts; and the cabinet 
officers appoint most of their subordinates. A large major¬ 
ity of these inferior federal offices are now filled in accord¬ 
ance with the rules of the civil service. 

^ 373* The Power of Removal. The general rule as to re¬ 
movals is that the President may at any time remove any 
officer in the federal service for reasons which he deems 
sufficient. Exceptions to this statement are the federal 
judges, who hold office during good behavior and can only 
be removed through impeachment; and military and naval 
officers, who in time of peace can only be removed through 
the decision of a court-martial. 

The constitution is silent concerning the power of re¬ 
moval, but by legislative construction and executive prac- 
Tenureof tice the principle has become established that 
Office Act President may remove officers without the 

consent of the Senate. Only once has there been a depar¬ 
ture from this construction, — in the Tenure of Office Act 
of 1867. This measure in effect required the consent of 


THE PRESIDENT’S POWERS AND DUTIES 303 


the Senate to the removal of officers appointed by the con¬ 
current action of the President and Senate. After being 
materially modified in 1869, this act was at length entirely 
repealed (1887), thereby re-affirming the principle that 
removal from office is an exclusive power of the Executive. 

374 . Term of Federal Officers. Most of the important 
officials in the executive service are appointed for four years, 
reappointment not being customary. This class includes 
territorial judges and governors, marshals, and district 
attorneys, the chiefs of many bureaus, customs collectors, 
Indian agents, pension agents, and postmasters of the first 
three classes. Cabinet officers are appointed without limit 
of term, and serve during the pleasure of the President. 
Subordinate officials under the classified civil service are 
also appointed for an indefinite term, holding office as long 
as they serve efficiently. This permanence of tenure for 
subordinate executive officials was only established after a 
long experience with the evils of the spoils system. 

375 . The Spoils System. During the first forty years of 
our national history, it was tacitly understood introduction 
that subordinate executive officials should con- 

tinue in office during good behavior. Since their duties 
were non-political, it was conceded that their tenure should 
depend upon faithful and efficient service, rather than 
upon party affiliation. But at the beginning of Jackson’s 
first administration (1829), the so-called spoils system (first 
developed in New York and Pennsylvania) was introduced 
into national politics. The principle of the spoils system 
is that the offices belong to the victorious party, and are 
to be used as a reward for partisan services. This view was 
avowed in the Senate by Senator W. L. Marcy of New 
York in the now celebrated phrase, “ To the victors belong 
the spoils of the enemy.” Proceeding upon this theory, a 
system of political proscription was inaugurated (1829), 
and hundreds of office-holders were removed to make room 
for the friends of the administration. The Whig party 


304 


GOVERNMENT AND POLITICS 


condemned this system in theory, but likewise followed it 
in practice; and thus the spoils system became a perma¬ 
nent feature of American politics. Its demoralizing effects 
upon the public service continued unchecked until the 
administration of President Arthur (1883). 

376 . Civil Service Reform. Finally, in 1883 public opin¬ 
ion compelled Congress to pass a Civil Service Act ^ de- 
oivu signed to make appointment to subordinate 
A*t^of 1883 offices depend upon individual merit, 

rather than upon partisan service. This act cre¬ 
ated the United States Civil Service Commission, consist¬ 
ing of three persons (not more than two belonging to the 
same political party), appointed by the President with the 
consent of the Senate. Other important provisions are as 
follows: (1) It provides for open, competitive, practical 
examinations for all applicants for positions in the classi¬ 
fied service. (2) These positions are to be filled by selec¬ 
tion according to grade from among those applicants stand¬ 
ing highest on the examinations, a period of probation 
to precede final appointment. (3) Appointments are to be 
apportioned among the several States and territories ac¬ 
cording to population. (4) No appointee can be required to 
contribute to any political firnd or to perform any polit¬ 
ical service. (5) No Senator or Representative is allowed 
to recommend any applicant to the examining board. 
(6) The appointing power is required to notify the commis¬ 
sion of the selection of applicants from those recommended 
as a result of the examination; also of the rejection of ap¬ 
plicants after probation, and of transfers, resignations, and 
removals. 

The Civil Service Commission appoints a chief examiner 
and boards of examiners who conduct examinations not 
less than twice each year at Washington, D.C., and in 
the various States and territories. These examinations are 

* Civil service denotes the executive branch of the government, as distinguished from 
le^slative, judicial, military, and naval offices. 


THE PRESmENT’S POWERS AND DUTIES 805 


practical in character, having special reference to the nature 
of the work which the applicant is to perform. E^amina- 
The commission has instituted a system of pro- tionand 
motion from the lower to the higher grades of 
the public service, thus encouraging efficiency by enabling 
competent officials to advance to higher positions. 

The number of officers included under the original act was 
about 14,000. Subsequent Presidents, especially Cleve¬ 
land, Harrison, and Roosevelt, have greatly ex- Extent of 
tended its operation by executive orders, until 
at present the total number of federal employees subject 
to the merit system is about 330,000. The classified serv¬ 
ice now includes nearly all the clerks in Washington (the 
so-called departmental service); officials in the postal serv¬ 
ice, including letter-carriers and clerks in post offices and 
the railway mail service; together with employees in cus¬ 
toms houses, in the revenue service, the government print¬ 
ing-office, and the Indian service. 

The merit system of appointment has greatly improved 
the public service. It proceeds upon the theory that a 
public office is a public trust, not the political ^j^^^antages 
prize'^of a party victory. It makes appointment 
to such office depend upon merit, and promotion upon effi¬ 
ciency, thus placing government service as nearly as pos¬ 
sible upon a business basis. Undoubtedly it has defects, 
but it marks a great advance upon the proscription and 
demoralization that existed for over fifty years under the 
spoils system. 

377 . Diplomatic Powers. The President’s diplomatic 
powers include: ( 1 ) the power to appoint ambassadors, 
ministers, consuls, and other commissioners to foreign 
countries; ( 2 ) the power to receive foreign ambassadors 
and representatives; (3) the power to make treaties by and 
with the advice and consent of the Senate. Through the 
agency of our representatives abroad, the President has sole 
control of the ordinary intercourse between the United 


306 


GOVERNMENT AND POLITICS 


States and other nations; but his power to conclude treaties 
or formal compacts with other nations is shared by the 
Senate. 

378 . Appointing and receiving Ambassadors. The com 
stitution provides that the President shall appoint all 
Control of ambassadors, other public ministers, and consuls, 
foreign subject to the consent of the Senate; but once 
appointed, these officers are under his sole control. 
** They communicate alone with the Executive through the 
State Department. Instructions are sent to them, dispatches 
forwarded, demands made, claims insisted on, principles 
adopted and enforced, as the President deems proper.” ^ 
The management of foreign affairs is entrusted to the De¬ 
partment of State, at the head of which is the Secretary of 
State, who acts under the direct personal control of the 
President. 

The President’s power to receive ambassadors and othet 
public ministers is in most cases merely a ceremonial duty; 
Receiving but it may involve important consequences, since 
^present- President must exercise his discretion in 

atives receiving, or refusing to receive, the minister 
from a state claiming to be independent, but whose inde¬ 
pendence has not been generally recognized. Moreover, 
he may refuse to receive a particular person in those excep¬ 
tional cases where the foreign representative is personally 
objectionable (persona non grata) to our government. 
Should relations between the United States and a foreign 
power become seriously estranged, the President may dis¬ 
miss the foreign minister, thus involving a suspension of 
diplomatic relations and the probability of war. The Pre¬ 
sident’s power of regulating foreign intercourse is a mo¬ 
mentous one: he cannot declare war, but he can so conduct 
foreign affairs as to incline the scale toward peace or war.^ 

^ Pomeroy, J. N., Constitutional Law, sec. 671. 

* In 1846, before the outbreak of the Mexican War, President Polk ordered troops into 
the disputed territory, where they were attacked by the Mexicans; and Congress then de* 
dared that “ war existed by the act of the Republic of Mexico.” At a later date, President 


THE PRESIDENT’S POWERS AND DUTIES SOI 


379 . The Power to make Treaties. By the constitution 
the President is vested with the power to negotiate treaties 
and conventions with other countries. The nego- Negotiation 
tiation of treaties is conducted by the President andratuica- 
through the Department of State; but during the 
process of negotiation he generally consults with the Senate 
committee on foreign relations, and with the leaders of the 
senatorial majority. After the treaty has been framed, 
it is submitted to the Senate, where it is discussed in exec¬ 
utive or secret session. Ratification requires the affirmative 
vote of two thirds of the Senators present. If finally ac¬ 
cepted by both nations, duplicate parchment copies signed 
by the accredited representatives are exchanged; and the 
President then publishes the treaty by means of a proclama¬ 
tion. By a provision of the federal constitution, treaties are 
made a part of the supreme law of the land; and hence 
any conflicting provision of a State law or constitution is 
thereby abrogated. ^ 

380 . Legislative Powers. The powers of the President 
in legislation may be considered under three heads: ( 1 ) his 
power of convening and adjourning Congress upon extra¬ 
ordinary occasions; ( 2 ) his power to recommend desirable 
legislation; (3) his power to veto any measure passed by 
Congress. 

381 . Convening and adjourning Congress. Unforeseen 
contingencies may arise during the recess of Congress which 
imperatively require the assembling of that body; hence 
the constitution provides that the President may, “on 
extraordinary occasions, convene both houses or either of 
them.” ^ A newly inaugurated President often calls an 
extra session of the Senate alone, to consider nominations 
to cabinet offices and other important positions; and in 

Cleveland’s famous Venezuelan message seemed likely to involve this country in war with 
Great Britain. 

» Treaties and laws of Congress are of equal authority; and if there is a conflict between 
a statute and a treaty, the later law whether statute or treaty prevails; and the earlier one 
is, to the extent of the conflict, displaced. 

* Constituiion, Art. u, Sec. S. 


308 


GOVERNMENT AND POLITICS 


exceptional cases it may be necessary to convene the Senate 
in special session for the consideration of a treaty. 

382 . Power to recommend Legislation. The constitu¬ 
tion enjoins upon the President the duty to “ give to the 
Congress information of the state of the Union, and re¬ 
commend to their consideration such measures as he shall 
judge necessary and expedient.” ^ Under Washington and 
Adams, it was the practice for the President to deliver an 
oral address to the two houses assembled in joint convention. 
Jefferson inaugurated the present custom of sending to 
each house by a private secretary a written copy of the 
annual message. ^ This document generally discusses the 
important political questions of the day, points out defects 
in existing legislation, and suggests remedies. It is not 
customary for the President or his cabinet to prepare and 
present bills, although proposed measures are often sub¬ 
mitted to him for comment, and are sometimes drawn in 
accordance with his suggestions. But with regard to most 
legislation, the President’s initiative is limited to suggest¬ 
ing or outlining desirable policies; and for the adoption of 
his recommendations he relies upon private conference 
with members and committees, and upon personal in¬ 
fluence with the party and committee leaders in each 
house. 

383 . The Presidential Veto. By far the most important 

of the President’s legislative powers is his veto. Every bill, 
Modes of order, resolution, or vote to which the concur- 
deaiing rence of the two houses is necessary (except a ques¬ 

tion of adjournment or a proposed constitutional 

amendment) must be presented to the President for his 
approval. When a bill is sent to the President, he may deal 
with it in one of four different ways. ( 1 ) He may sign it, 
whereupon it becomes a law — the usual course with most 
bills. ( 2 ) He may leave it unsigned, and at the end of ten 

> Constitution, Art. ir. Sec. S. 

* President Wilson has returned to the precedent established by Washington and Adams 
by reading his important messages to the two houses assembled in joint meeting. 


THE PRESIDENT’S POWERS AND DUTIES 309 


days (Sundays excepted), it becomes a law without his sig¬ 
nature. ( 2 ) He may veto the bill — that is, return it with 
his objections to the house in which it originated. The ob¬ 
jections are then entered at large upon the journal, where¬ 
upon the bill can become a law only by being passed by a 
two-thirds vote of each house; and the vote in such cases 
must be by roll-call. (4) In case Congress adjourns before 
the expiration of the ten days given to the President for 
the consideration of every bill, he may defeat the measure 
by refraining from signing it — this being an exercise of the 
so-called “ pocket veto.” 

The presidential veto is thus a limited or qualified one, 
operating as a salutary check on hasty or ill-advised legis¬ 
lation. Originally designed as a check upon un- Theory qj 
constitutional measures, especially legislative en- the veto 
croachments upon the executive or judiciary, the 
veto power has been freely used in practice to defeat legisla¬ 
tion deemed by the executive to be unwise or inexpedient. 
Hence the principle is now well settled that the President is 
to use his independent judgment on every bill passed by 
Congress, “ not sheltering himself under the representatives 
of the people, or foregoing his own opinion at their bidding.” 

The use of the veto power is restricted by the fact that 
the President must approve or reject the bill as a whole; he 
cannot, for example, veto particular items in an 
appropriation bill. Hence measures which other¬ 
wise could not receive the executive sanction are sometimes 
inserted as “ riders ” in appropriation bills, thereby com¬ 
pelling the Executive either to accept the obnoxious rider, 
or to incur the responsibility of defeating indispensable 
appropriations. 

384 . Judicial Powers. The President has power “ to grant 
reprieves and pardons for offenses against the United States, 
except in cases of impeachment.” ^ “ A pardon pardoning 
is an act of grace, proceeding from the power 
entrusted with the execution of the laws, which exempts 


> ConttituHon, Art. n, Sec. 2. 


310 


GOVERNMENT AND POLITICS 


the individual on whom it is bestowed from the punishment 
the law inflicts for a crime he has committed.” ^ The lan¬ 
guage conferring this power is general, and hence the par¬ 
don may be absolute or conditional; may be issued before 
or during the trial of the accused, or after conviction and 
sentence; and may be granted to one or a class of individ¬ 
uals. The President’s power to pardon extends only to 
offenses against federal, not State laws; and he cannot 
pardon in case of impeachment. 

A reprieve is simply the suspension of a sentence, de- 
Reprieves furring its execution without changing the sub¬ 
stance of the punishment. 

GENERAL REFERENCES 

Ashley, R. L., The American Federal State (1903), secs. 337-351. 

Baldwin, S. E., Modern Political Institutions (1898), no. iv. 

Beard, C. A., American Government and Politics (1910), ch. x. 

- Readings in American Government and Politics (1910), ch. x. 

Black, H. C., American Constitutional Law (1897), pp. 97-122. 

Bryce, James, The American Commonwealth (1907), i, ch. vi. 

Burgess, J. W., Political Science and Comparative Constitutional Law (1902), 
II, pp. 248-263. 

Cooley, Thomas M., Constitutional Law (1898), ch. v. 

Fairlie, J. A., National Administration of the United States (1905), chs. i-n. 
Fish, C. R., The Civil Service and the Patronage (1905). 

Hamilton, Jay, and Madison, The Federalist (ed. by Lodge, 1904), nos. 

LXXin-LXXVII. 

Harrison, Benjamin, This Country of Ours (1903), chs. vi-x. 

Mason, E. C., The Veto Power (1890). 

McClain, E., Constitutional Law (1905), chs. xix-xxiii. 

Pomeroy, J. N., Constitutional Law GOth ed., 1888), secs. 628-714. 
Reinsch, P. S., Readings on American Federal Government (1909), chs. 

I-III, XIII. 

Story, J., Commentaries on the Constitution (5th ed., 1905), i, secs. 1489- 
1572. 

Tucker, J. R., Constitution of the United States (1899), ii, pp. 715-752. 
United States Civil Service Commission, Thirty-fifth Annual Report 
for year ending June 30, 1918. 

Wilson, Woodrow, Constitutional Government in the United States (1908), 
ch. Ill, 

Woodburn, James A., The American Republic and its Government (1908), 
pp. 142-194. 


1 United States v. Wilson, 7 Pet. 160. 



THE PRESIDENT’S POWERS AND DUTIES 311 


QUESTIONS AND EXERCISES 

1 . May Congress assign to the President duties not specified in the con¬ 
stitution? Or forbid the exercise of duties imposed by the constitution? 

2 . May Congress require the President to state reasons for an official 
action? 

3. May the President be sued on account of an official action? May he 
be summoned as a witness? 

4. What powers may the President exercise under his authority to exe¬ 
cute the laws of the Union? 

5. Prepare a report upon the military powers exercised by President 
Lincoln and by President Wilson. 

6 . Explain how the President may involve the country in war notwith¬ 
standing the right to declare war is vested in Congress. 

7. Prepare a report upon the President’s power to suppress domestic 
violence as exemplified by President Cleveland’s action in 1894. 
{McClure’s Magazine (1904), xxiii, 227-240.) 

8 . May Congress designate persons to be promoted in the military serv¬ 
ice? In creating an office, may Congress designate the person who 
shall fill it? 

9. May Congress provide by law that an executive official shall hold 
office during good behavior? 

10 . May Congress by statute require the heads of departments to be re¬ 
sponsible directly to Congress? 

11 . Give a history of the Tenure of Office Act of 1867. 

12 . Has the Senate any control over removals? Why should the President 
alone exercise the power of removal? 

13. May Congress by statute provide that the President shall state rea¬ 
sons for removals? 

14. Prepare a list of the principal officers appointed by the President 
subject to confirmation by the Senate; of officials appointed by the 
President alone; by the heads of departments. 

15. Compare the President’s power of appointment with that of your 
State governor; of your mayor. 

16. Make the same comparison with regard to the President’s power of 
removal. 

17. May an official of the United States at the same time hold office under 
a State or territorial government? 

18. Prepare a report upon the Spoils System. 

19. Prepare a report upon Civil Service Reform. 

€0. Examine a copy of the President’s message to Congress and ascer¬ 
tain: (a) what topics receive most consideration; (b) what recom¬ 
mendations are made as to legislation. State which of these recom¬ 
mendations were enacted into law. 

21 . May the President sign a bill after Congress*adjourns? 

22 . May either house require the President to submit papers? 

23. Was President Johnson bound to carry out the reconstruction acts 
which he vetoed? 

24. What would be the advantage of giving the President power to veto 
part of a bill? How could this be done? 

25. Discuss fully the treaty which closed the Spanish-American War, 
especially (a) the process of negotiation, (b) the chief provisions, 
(c) the method of ratification. 


CHAPTER XXVIl 


THE EXECUTIVE DEPARTMENTS 


385. The Federal Executive Departments. Ten federal 
executive departments have been created by Congress to 
Oonsutu- assist the President in carrying out his executive 
tionai and administrative duties; and the heads of these 
provision departments comprise what is popularly called 
the President’s cabinet. The executive departments are not 
directly established by the constitution, but are recognized 
in the clause providing that the President ‘"may require 
the opinion, in writing, of the principal oflBcer in each of the 
executive departments, upon any subject relating to the 
duties of their respective offices.” ^ 

The executive departments were organized by Congress 
in the following order: — 

State, 1789; War, 1789; Treasury, 1789; Post Office, 1794; * 
Navy, 1798; Interior, 1849; Justice, 1870;® Agriculture, 1889;^ 
Commerce, 1903; Labor, 1913. 

386 . The President's Cabinet. The heads of these ten 

departments are appointed by the President, subject to 
Appoint- consent of the Senate. Since they are his con- 

ment and fidential advisers, each President ordinarily forms 

a new cabinet, the members of which hold office 
during his pleasure. Sometimes the President selects for 
cabinet positions men who have had little experience in 
politics, but more frequently he chooses prominent party 

* Constitution, Art. ii, Sec. i. Par. 1. 

• The Postmaster-General did not become a member of the cabinet until 1829. 

• The office of attorney-general has existed since 1789, although the Department of 
Justice was not organized in its present form until 1870. 

* The Department of Agriculture was organized in 1862, but the Secretary did not 
become a cabinet officer until 1889. 


THE EXECUTIVE DEPARTMENTS 


313 


leaders. Cabinet meetings are generally held twice a week 
during the greater part of the year, special meetings being 
called as occasion demands. The President also confers 
frequently with individual members. The cabinet is an 
advisory body only, and the President may act in opposi¬ 
tion to the wishes of any or all of his secretaries. 

The American cabinet is in marked contrast with the 
cabinet in Great Britain and many other European coun¬ 
tries. There the term cabinet denotes a parlia- American 
mentary ministry, that is, a group of men chosen 
from the maj ority party in the legislature, to which 
body they are accountable. The cabinet members have 
seats in the legislature, where they initiate legislation and 
defend the measures which they introduce. Responsibility 
for the administration rests upon them, and when they 
cease to have the support of a majority of the legislature, 
they are expected to resign, in order that a new cabinet 
may be formed. The American cabinet, on the other hand, 
is accountable not to the legislature but to the President. 
Its members may not serve in Congress, and hence they 
do not introduce and defend measmes in that body. An 
adverse vote of Congress could not remove them from 
oflSce, since they are appointed by the President, and re¬ 
sponsible to him for their administration of affairs.^ 

387 . The Department of State. The Secretary of State 
ranks first among the members of the cabinet. His chief 
duty is to conduct the foreign affairs of the govern- 
ment under the direction of the President. He foreign 

. . . , , affairs 

issues instructions to our ministers and consuls, 

conducts treaty negotiations, receives and presents to the 
President the representatives of foreign powers, issues 
passports to American citizens traveling abroad, and in 
general has charge of all matters relating to foreign affairs. 

The Secretary of State also has important domestic 

* Congress of course exercises indirect control over the executive departments through 
its power to make appropriations, to investigate the management of any department, 
and to impeach any executive official for misconduct. 


314 


GOVERNMENT AND POLITICS 


duties. He has the custody of the great seal of the United 
Domestic States; has charge of the publication of the federal 
duties statutes and executive proclamations; keeps the 
archives containing the originals of all laws, treaties, and 
foreign correspondence; and serves as the medium of com¬ 
munication between the President and the State gover¬ 
nors. 

The Department of State includes seven bureaus — the 
diplomatic bureau, consular bureau, and the bureaus of 

„ indexes and archives, of accounts, of rolls and 

Bureaus , ... 

library, of appointments, and of citizenship. At 
the head of each bureau is a chief; and the Secretary of 
State is further aided in his work by three assistant secre¬ 
taries of state, who have immediate supervision of diplo¬ 
matic correspondence, and by a director of the consular 
service. 

388 . Department of the Treasury. The chief business 
of the Treasury Department is the supervision of the na- 
Dutiesof tional finances. The Secretary of the Treasury 
Secretary prepares plans for the improvement of the public 
revenue, and annually submits to Congress estimates of 
probable receipts and expenditures. He supervises the col¬ 
lection of customs and internal revenue; prescribes the 
forms for keeping public accounts; issues warrants for all 
money paid out of the treasury; selects the depositories of 
public moneys; makes loans by issuing bonds for the pro¬ 
tection of the gold reserve or other purposes; and super¬ 
vises the many bureaus in the Treasury Department. Three 
assistant secretaries have immediate charge of certain bu¬ 
reaus, and perform such other duties as the Secretary may 
assign to them. 

The department organization includes the following of- 
Depart- ficers: the treasurer, the register, the comptroller 
mental or- of the currency, the farm loan commissioner, 

the director of the bureau of the budget, the com¬ 
missioner of internal revenue, director of the mint, direc- 


THE EXECUTIVE DEPARTMENTS 


315 


tor of the bureau of engraving and printing, chief of the 
secret-service division, the commandant of the coast guard, 
director of war-risk insurance, commissioners of military, 
naval, and marine insurance, superintendent of the life¬ 
saving service, the supervising architect, and the surgeon- 
general of the public health service. 

389 . The Department of War. The Secretary of War has 
charge of all matters pertaining to national defense and sea- 
coast fortifications, the administration of the in- Duties of 
sular possessions, river and harbor improvements, Secretary 
and the prevention of obstructions to navigation. He pre¬ 
pares estimates of appropriations for the expenses of his 
department, supervises all expenditures for the support and 
transportation of the army, issues orders for the movements 
of troops, recommends appointments and promotions, and 
has charge of the Military Academy at West Point. 

The administrative work of the War Department is car¬ 
ried on by numerous bureaus. At the head of each is an army 
officer detailed for a period of four years. These Administra- 
officers are as follows, the title indicating the tive bureaus 
functions of each: the adjutant-general, inspector-general, 
surgeon-general, chief of ordnance, chief signal officer, chief 
of engineers, chief of the coast artillery division, chief of the 
militia bureau, quartermaster-general, judge-advocate-gen¬ 
eral, chief of the bureau of insular affairs, chief of the air 
service, chief of the chemical warfare service, and the provost- 
marshal-general. 

In order to unify the work of the several bureaus, and to 
harmonize the relations between the staff officers (in charge 
of bureaus) and the line officers (in charge of The general 
troops). Congress in 1903 created the general 
staff, which is in effect a supervising military bureau. The 
chief of staff, an army officer designated by the President 
for a term of four years, has general supervision over the 
administrative offices, as well as control of all troops of 
the line. In addition to the chief, the general staff consists 


316 


GOVERNMENT AND POLITICS 


of officers of various ranks who prepare plans for the na* 
tional defense, investigate and report upon the efficiency 
of the army, advise the Secretary of War, and aid in co¬ 
ordinating the work of the several administrative bureaus. 

390 . The Department of Justice. The Attorney-General 

is the head of the Department of Justice, and the chief law 
The Attor- officer of the government. He represents the gov- 
ney-Generai all cases to which the United States 

is a party, and gives his advice and opinion concerning ques¬ 
tions of law to the President or the heads of the executive 
departments. He exercises general supervision over the 
federal district attorneys and marshals, receiving their re¬ 
ports and examining their accounts; examines the titles of 
lands which the government intends to purchase for public 
purposes; and makes an annual report to Congress concern¬ 
ing the business of his department. To the Department of 
Justice is also assigned supervision of the penal and reform¬ 
atory institutions of the United States, the investigation of 
applications for pardons, and supervision of the commission 
to codify the federal criminal laws. 

The second law officer of the Department is the solicitor- 
soucitor- general, who assists in the general duties of the 
general Department and acts as Attorney General in case 
of vacancy in that office. 

391 . Post-Office Department. The Postmaster-General is 
charged with the general supervision of the postal service. 

He awards and executes contracts for the trans¬ 
portation of the mails, and directs the manage¬ 
ment of the domestic and foreign mail service. 
There are four assistant postmasters-general, each of whom 
has charge of a group of services within the department. 

The business of carrying letters is a government mon- 
Letter- ^P^ly* private competition being strictly pro- 
carrying a hibited. In the carrying of books or merchan- 
monopoiy competition is allowed, and the sender may 

choose between the express company and Ihe postal service. 


Duties of 
Postmas- 
ier-Oeneral 



(7J)/ courtesi/ of the ilonahan Express Company) 


THE POST OFFICE AT NEW YORK CITY 

The trucks in the forejrround are used in the Parcel Post delivery service. A legend 
on the cornice of the building reads: “ Neither snow, nor rain, nor heat, nor gloom of 
night stays these couriers from the swift completion of their appointed rounds.” 



(By coutfssy o/ the Treasury Department) 

THE POST OFFICE AT ATLANTA, GEORGIA 
One of the newest buildings. 






















THE LIBRARY OF CONGRESS 
Washington, D.G. 


THE PATENT OFFICE 
Washington, D. C. 



























THE EXECUTI^T: DEPARTMENTS 


317 


In many European countries, the post-office department 
through the parcel post carries on what amounts to an 
express business. Yielding to a general demand parcel 
for a similar service in this country, Congress in 
1912 authorized the establishment of a parcel post. More 
than two billion parcels are now transported each year by 
this branch of the service. 

Both domestic and international money-orders are issued 
by the post office. Money may be transmitted by deposit¬ 
ing the desired amount with the local postmaster, Money- 
who issues an order directing the postmaster of 
the place to which the money is to be sent to pay the 
sum to the person named in the order. A nominal fee is 
charged, varying according to the amount of the order. 

Nearly all the principal countries conduct a system of 
postal savings-banks in connection with the post office, 
and Congress in 1910 authorized such a system for postal sav- 
the United States. The telegraph system in for- 
eign countries is commonly controlled through this departv 
ment, but in the United States it has remained in private 
hands, except during the World War. 

The United States is a member of the Universal Postal 
Union, which includes all important countries in a single 
postal territory for the reciprocal exchange of cor- universal 
respondence. A uniform rate of postage is fixed, 
and the mail facilities of each country are placed at the 
service of all the others. At stated intervals an accoimting 
is made to adjust the balances. 

392 . Department of the Navy. The Secretary of the Navy, 
aided by an assistant secretary, superintends the construc¬ 
tion, armament, and employment of war vessels. Duties oi 
and also exercises general supervision over the 
naval service. This Department has charge of the Naval 
War College at Newport, and the Naval Academy at An¬ 
napolis. 

The administrative work of the Department is carried 


318 


GOVERNMENT AND POLITICS 


on by eight bureaus, the names of which indicate the work 
Bureaus These are the bureaus of ordnance, naviga¬ 

tion, yards and docks, supplies and accounts, 
engineering, medicine and surgery, aeronautics, and con¬ 
struction and repairs. Most of these are in charge of line 
oflficers of the navy, with the rank of rear admiral; and 
other naval officers are assigned to bureau duties from 
time to time, this service alternating with service at sea. 

393 . Department of the Interior. In the importance and 
diversity of its business, the Department of the Interior 
Diversity ranks as one of the greatest of the executive de- 
of duties partments. The Secretary of the Interior (aided 
by two assistant secretaries) is charged with the super¬ 
vision of the public lands and surveys, pensions, patents, 
Indian affairs, education, and the geological survey. He 
also supervises the national parks and reservations, and 
the organized territories; distributes the appropriations for 
agricultural and mechanical colleges throughout the Union; 
and supervises certain hospitals and charitable institutions 
in the District of Columbia. 

The business of the Department is carried on by various 
bureaus: the general land office, bureau of patents, bureau 
Bureaus pensions, office of Indian affairs, bureau of 

education, geological survey, reclamation service, 
bureau of mines, and the national park service. Each bu¬ 
reau is in charge of a principal officer called a commissioner, 
who is appointed by the President with the consent of the 
Senate. 

The commissioner of the general land office has charge 
of the survey, management, and sale of the public domain. 
The Gen- Nearly two thirds of the present area of the 
erai Land United States has at one time or another formed 

OfficG , , , 

a part of the public domain belonging to the 
national government. This immense territory has been 
acquired by cession, purchase, and conquest. The greater 
part has been disposed of in various ways, chiefly by sale 


THE EXECUTIVE DEPARTMENTS 


3 ia 

at a nominal price to individual settlers, or as bounties for 
military or naval service, or as grants to corporations for 
tne purpose of aiding the construction of railroads, or as 
grants to the States in aid of education and internal im¬ 
provements. Under the Homestead Act, any adult citizen 
of the United States who is the head of a family, and is 
not already the proprietor of 160 acres of land, is entitled 
to enter a quarter section (160 acres) of unappropriated 
public land. He may acquire title by maintaining his resi¬ 
dence upon it, improving and cultivating the land for a 
period of three years, and the payment of nominal fees. 

394. Other Bureaus of the Interior Department. The 
commissioner of patents is charged with the administration 
of the patent laws. He performs important duties conimis- 
of a judicial nature, since he acts as a tribunal in sioner of 
deciding whether a patent may be granted, and 
in settling disputes between rival claimants to the same 
invention. The commissioner is aided by an assistant com¬ 
missioner, a board of three examiners-in-chief, and a large 
staff of examiners, clerks, and assistants. The Patent Office 
is self-supporting, the fees from patents more than cover¬ 
ing the expenditures of the office. 

The commissioner of pensions, aided by two deputy 

commissioners, supervises and decides claims for pensions 

on account of military or naval service. Pension commis- 

agencies located in various parts of the country sioner of 
. ... , Cl- T, • pensions 

facilitate the payment 01 claims. In the granting 
of military pensions the United States has been more lib¬ 
eral than any other nation, having paid out for this pur¬ 
pose a total of over four billion dollars. 

The bureau of Indian affairs looks after matters per¬ 
taining to the Indian tribes, especially their lands, Commis- 
moneys, supplies, and schools. Since 1871 Con- Indian 
gress has recognized the actual status of the 
Indians as wards of the government, and has dealt with 
them as individuals, rather than as tribes; and so far as 


320 


GOVERNMENT AND POLITICS 


OommiB- 
sloner of 
education 


possible, lands have been allotted to them in individual 
ownership. 

It is the duty of the commissioner of education to col¬ 
lect statistics as to the condition and progress of education 
in the various states and in foreign countries; 
to publish information respecting the organiza¬ 
tion and management of school systems and 
methods of teaching; and in general to promote the cause 
of education throughout the country. Under our system 
of government, direct control of the public-school system 
is in charge of the individual States; and hence the duties 
of the bureau of education are chiefly advisory. Never¬ 
theless, the investigations and reports of the bureau have 
been of the greatest value to educators, esp>ecially the 
annual report, which gives detailed statistics concerning 
public and private education in the United States, as well 
as a summary of educational work in foreign countries. 

The director of the geological survey has charge of the 

Office of the classification of public lands, and the exami- 

Oeoiogicai nation of the geological structure, mineral re- 
Survey o o 

sources, and products of the national domain. 

The director of the reclamation service has charge of the 
survey, construction, and operation of irrigation works on 
arid lands. In many parts of the West, the 
ReoiamaUon federal government is performing an economic 
service of the highest value in reclaiming vast 
areas of desert land through the construction of great irri¬ 
gation dams and reservoirs. The lands irrigated in this 
way are sold to actual settlers upon small annual pay¬ 
ments, which will ultimately cover the cost of construct¬ 
ing the irrigation works; and the funds thus obtained are 
used for the construction of additional reclamation pro¬ 
jects. In this way, hundreds of thousands of acres of desert 
land are being made highly productive. 

395. The Department of Agriculture. The Secretary of 
Agriculture has general supervision over all scientific in- 




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THE EXECUTIVE DEPARTMENTS 


321 


vestigations relating to the agricultural industry. He directs 
the investigations and experiments designed to work of the 
give farmers useful information concerning soils, 
grains, fruits, and stock. Through his Department, mil¬ 
lions of packages of seeds are distributed gratuitously, and 
with them is sent information obtained by constant experi¬ 
ment. The Secretary has charge of quarantine stations 
for impK)rted cattle, and the inspection of domestic meats 
and imported food products. The Department issues a 
large number of scientific and technical publications, in¬ 
cluding the Year-Book, the series of Farmers’ Bulletins, 
the Monthly Weather Review, and the Crop Reporter. 

The organization of the Department of Agriculture in¬ 
cludes the following bureaus and divisions, the titles of 
which indicate the nature of the work performed: Department 
the office of farm management, the weather bu- 
reau, bureau of animal industry, bureau of plant indus¬ 
try, forest service, bureau of chemistry, bureau of soils, 
bureau of statistics, bureau of entomology, bureau of bio¬ 
logical survey, office of experiment stations, division of 
accounts and disbursements, division of publications, 
bureau of crop estimates, library, office of public roads and 
rural engineering, bureau of markets, insecticide and fungi¬ 
cide board, and federal horticultural board. 

396. Department of Commerce. The Department of 
Commerce, created by Congress in 1903 , “ fosters, promotes, 
and develops the foreign and domestic commerce, 
the mining, manufacturing, shipping, and fishing 
industries, and the transportation facilities of the United 
States.” This Department has charge of the promotion 
of American manufactures, the census, statistics, light¬ 
houses, coast survey, and steamboat inspection. 

The Department organization includes many important 
bureaus: the bureau of foreign and domestic commerce, 
bureau of lighthouses, bureau of the census, 
coast and geodetic survey, steamboat-inspection 


322 


GOVERNMENT AND POLITICS 


service, bureau of fisheries, bureau of navigation, and bu 
reau of standards. 

397. Department of Labor. This is the youngest of the 
executive departments, having been created in 1913 . The 
Jervices department of labor performs for the labor inter¬ 
ests of the country services similar to those per¬ 
formed for agriculture and commerce by their respective 
departments. It collects and publishes information upon all 
subjects connected with labor, especially its relation to capi¬ 
tal, the hours and wages of labor, and the means of advanc¬ 
ing the interests of the laboring classes. The department 
serves the general public, as well as labor and capital, by 
endeavoring to preserve industrial peace, and to adjust 
labor disputes through conciliation. 

One of the most important bureaus in this department is 
the bureau of immigration, which supervises the admin- 
Bureaus istration of our immigration laws. Another is 
the bureau of naturalization, which keeps a 
record of immigrants and aids in the work of making them 
naturalized citizens of this country. There is also a chil¬ 
dren’s bureau, which investigates matters pertaining to the 
welfare of children and child life, such as the employment 
of children in industry, especially in dangerous occupations; 
also such subjects as infant mortality, desertion, orphanage, 
and juvenile courts. 

398. Independent Boards and Commissions. In addi¬ 

tion to these ten executive departments, the heads of which 
Why form the President’s cabinet, many independ- 
created boards and commissions perform duties 

not assigned to any of the departments. These commis¬ 
sions have been established in order to carry on work that 
requires the deliberation of experts, rather than the deci¬ 
sion of a single individual. Unlike the heads of the execu¬ 
tive departments, members of commissions are not at once 
replaced when a new President takes office. In many cases 
they serve for a term of from six to twelve years, so that 


THE EXECUTIVE DEPARTMENTS 


323 


only a part of the members are appointed by any one Presi¬ 
dent. This secures greater continuity of administration, 
besides making the commissions less political in charac¬ 
ter than would be the case if all the members were changed 
with each new administration. 


(1) The Civil Service Commission, created in 1883, con¬ 
sists of three members appointed by the Presi- 

dent with the consent of the Senate. This service 
important commission has charge of the ad- 
ministration of the Civil Service Act {see page 304). 

(2) The Interstate Commerce Commission consists of 
eleven members, appointed by the President with the con¬ 
sent of the Senate for a term of seven years. This interstate 
commission has supervision over all common Commerce 
carriers engaged in interstate commerce, includ- 

ing railroads, steamboats, express companies, telegraph, 
telephone, cable, and wireless-telephone companies {see 
pages 394-396). 

(3) The Federal Trade Commission, created by the act 
of 1914, consists of five appointive members whose term 
is seven years. This commission has power to Federal 
investigate corporations other than those en- Trade 

... - Commission 

gaged in interstate commerce, and possesses 
certain quasi-judicial functions in the enforcement of the 
anti-trust laws {see pages 397-398). 

(4) The United States Tariff Commission, established in 
1916, consists of six members appointed for twelve years, 
not more than three of whom may belong to the united 
same political party. The commission investi- Tarif: 
gates the administration and industrial effects commission 
of our own tariff laws, as well as those of foreign countries. 
It was created in order to give Congress and the President 
scientific data on which to base tariff legislation, in the 
hope of reversing our customary policy of treating the 
tariff as a political issue. 

(5) The Federal Reserve Board was created by the ac^ 


324 


GOVERNMENT AND POLITICS 


of 1913 for the administration of the federal reserve sys> 
Federal pages 376-378). It consists of five mem- 

BoarJT* bers appointed for a term of ten years, besides two 
ex officio members, the Secretary of the Treasury 
and the Comptroller of the Currency. 

(6) The Federal Farm Loan Board consists of four ap¬ 

pointive members, while the Secretary of the Treasury is 
Federal officio chairman. This board administers the 

federal land bank system established in 1916 
to aid the farmer by making farm loans. The 
entire United States is divided into twelve land bank dis¬ 
tricts, in each of which a federal land bank is located. These 
banks may authorize loans to farmers at a rate not to ex¬ 
ceed six per cent for the purchase of land or for its improve¬ 
ment, or for the purchase of live stock or the erection of 
buildings. 

(7) The Federal Board for Vocational Education was 
created under the Smith-Hughes Act of 1917. It consists 
Federal of seven members: the Secretary of Agriculture, 
vocatiMiai the Secretary of Labor, the Secretary of Com- 
EducaUon merce, and the Commissioner of Education; also 
three appointive members representing, respectively, la¬ 
bor, agricultural, and manufacturing interests. The duty 
of this board is to promote vocational education in coop¬ 
eration with the States, and to administer the federal 
aid granted to the States under the Smith-Hughes Act 
{see pages 183-184). 

(8) The United States Board of Mediation and Con¬ 

ciliation, created by the act of 1913, consists of a com- 
Boardof missioner and an assistant commissioner, aided 
Mediation more than two other members. At the 

Conciliation request of the parties thereto, this board under¬ 
takes to settle industrial disputes by mediation, concilia¬ 
tion, or arbitration. 

(9) The United States Railroad Labor Board, created 
under the Transportation Act of 1920, consists of nine 


THE EXECUTIVE DEPARTMENTS 


S25 


members appointed by the President. Three of these mem¬ 
bers are chosen from the labor group, representing the em¬ 
ployees of the carriers, three are from the management 
group, representing the carriers, and three are from the pub¬ 
lic group, representing the public. This board jj^nroad 
has power to hear and decide disputes involv- Labor 
ing wages and working conditions upon appli- 
cation either of the carriers or their employees. Or the 
Labor Board may investigate and decide any dispute likely 
to interrupt interstate commerce, without awaiting a re¬ 
quest for adjustment. Its decisions are made a matter of 
record, and are communicated to the parties to the dispute, 
to the public, to the Interstate Commerce Commission, and 
to the President. 

(10) Besides the foregoing boards and commissions, sev¬ 
eral important national institutions are administered in¬ 
dependently of the regular executive departments. These 
include the Smithsonian Institute, the Pan-Amer- Misceiia- 
ican Union, the Government Printing OflBce, the 
Library of Congress, and others. 

399 . War Boards and Commissions. When the United 
States took up arms in 1917 to resist Germany’s aggres¬ 
sions, American industry, no less than the army and navy, 
had to be reorganized to meet the immense demands made 
upon it for guns, ammunition, airplanes, uniforms, and 
above all else, for ships and food supplies. Hence several 
new boards and commissions were created to carry on the 
work so vital to our success in the war. 

(1) The United States Shipping Board consists of five 
members appointed by the President with the consent of 
the Senate. This board is authorized to char- United 
ter, lease, or construct vessels suitable for use sifip^ping 
as naval auxiliaries in time of war. It regulates 
carriers by water engaged in interstate and foreign com¬ 
merce, reports to Congress the means of encouraging Amer¬ 
ican shipping, and may organize one or more corporations 


326 


GOVERNMENT AND POLITICS 


for the lease, charter, or sale of vessels authorized to be 
constructed under the Shipping Act. 

(2) The United States Shipping Board Emergency Fleet 
Corporation was incorporated April 16, 1917, under the 
Emergency authority conferred by the Shipping Act. This 

Fleet Cor- organization had active charge of the task of 
poratlon , 

building the immense merchant marine necessary 

to transport our troops and supplies to Europe. 

(3) The Aircraft Board, consisting of nine members, had 

Aircraft charge of aircraft production and in general ol 
Board development of this important branch o/ 

modern warfare. 

(4) The Council of National Defense consisted of six cab* 

„ ,, - inet officers, the Secretaries of War, Navy, Inte- 

Councii 01 ^ ^ 

National rior. Agriculture, Commerce, and Labor; together 
Defense seven advisory members. This body was cre¬ 

ated to coordinate all the military, industrial, and com¬ 
mercial resources of the nation in order that these might be 
made fully available for the successful prosecution of the war. 

( 5 ) The War Trade Board was created by executive 
War Trade order to enforce rules and regulations concern- 
Board ing our import and export trade during the war. 

( 6 ) The United States Food Administration was au¬ 

thorized by an act of Congress in 1917. Under the author- 
united ity conferred by this measure. President Wil- 

Adminfs-°*^ son appointed Herbert Hoover as National Food 

traUon Administrator. 

( 7 ) The United States Fuel Administration was created 

United to take charge of the country’s supply of fuel 
Adminfs^*^ during the war. Harry A. Garfield was appointed 
tration by the President to serve as Fuel Administrator. 

( 8 ) The Office of Director General of Railroads was 
created in 1917 when President Wilson, acting under au- 
Officeof thority conferred by Congress, took over the 
General of railroads of the country for the period of the 
Ballxoads war. 





{By courtesy of Foster and Reynolds) 

THE STATE, WAR, AND NAVY DEPARTMENTS 



SITPREME COURT CHAiMP.ER 


































THE EXECUTIVE DEPARTMENTS 


327 


GENERAL REFERENCES 

Ashley, Roscoe, The Am.cncan Federal State (1903), pp. 303-313. 

Beard, C. A., American Government and Politics (1910), ch. xi. 

—- Readings in American Government and Politics (1910), ch. xi. 

Bryce, James, The American Commonwealth (1907), i, pp. 86-96. 

Concessional Directory, Summary of Departmental Duties. 

Fairlie, John A., The National Administration of the United States (1905), 
pp. 54-262. 

Finley, John H., The American Executive and Executive Methods (1908), 
ch. XVI. 

Ford, H. J., The Rise and Growth of American Politics (1898), pp. 383-396. 

Goodnow, F. J., Comparative Administrative Law (1903), i, pp. 127-161. 

Harrison, B., This Country of Ours (1903), pp. 181-299. 

Hart, A. B., Actual Government (1903), pp. 276-282. 

Lowell, A. L., Essays on Government (1889), no. i. 

Reinsch, P. S., Readings on the American Federal Government (1909), ch. 
rx. 

Various Authors — History-Making^ The Story of a Great Nation (1910). 

Woodburn, J. A., The American Republic (1908), pp. 189-194. 

QUESTIONS AND EXERCISES 

1 . What is the meaning of “department” as the term is used in the con 
stitution? Why is our cabinet said to be extra-constitutional? 

2 . How are cabinet officers appointed and confirmed? How may they 
be removed? 

3. Could Congress require the President to consult and follow the judg¬ 
ment of his cabinet? 

4. Could Congress by statute give seats in either house to cabinet offi¬ 
cers? What would be the advantages of this plan? 

5. Discuss the relations between the departments and the congressional 
committees. (McConachie, L. G., Congressional Committees, p. 221 .) 

6 . Discuss the advantages of the British cabinet system. 

7. Name the members of our present cabinet. Which States are repre¬ 
sented? Describe the previous public service of its members. 

8 . Consult the Congressional Directory and other sourees, and prepare 
a short report upon the duties of the State Department. 

9. Contrast the position of our Secretary of the Treasury with that of 
the finance minister of a European country. (Reinsch, P. S., Read¬ 
ings on American Federal Government, pp. 367-368.) 

10 . Prepare a brief report upon the fiscal business of the Treasury De¬ 
partment. (Congressional Directory; Reinsch, P. S., Readings, pp. 

362- 377.) 

11 . Prepare a report upon the miscellaneous business of the Treasury 
Department. (Congressional Directory; Reinsch, P. S., Readings, pp. 

363- 364.) 

12 . Describe the work of the seoret-service bureau. (Wilkie, John E., in 
History-Making, pp. 21-28.) 

13. Report upon the work of the bureau of the mint. (Leach, Frank A.* 
in History-Making, pp. 133-137.) 

14. Report upon the functions of the several bureaus of the War Depart- 
ment. (Congressional Directory.) 



328 GOVERNMENT AND POLITICS 

15. Compare the position of Attorney-General with that of your State’s 
attorney; also with that of the prosecuting attorney of your county, 
and of your city solicitor. 

16. Prepare a report upon the functions of the Department of Justice. 
(Congressional Directory; also, Bonaparte, Charles J., in History- 
Making, pp. 35-39; Reinsch, P. S., Readings, pp. 377-381.) 

17. Cite facts which tend to prove that our post office is the largest busi¬ 
ness enterprise in the world. 

18. Give arguments for and against government ownership of railways 
and telegraph lines. 

19. Prepare a report upon the duties of the Navy Department. (Congres¬ 
sional Directory; also Newberry, J. H., in History-Making, pp. 58-66.) 

20. Report upon the work of the general land office. (Congressional 
Directory; also Dennett, Fred, in History-Making, pp. 40-43.) 

21 . Describe the work of the reclamation service. (Newell, E. H., in His¬ 
tory-Making, pp. 188-190.) 

22 . Describe the work of the weather bureau. (Moore, W. L., in History- 
Making, pp. 149-154.) 

23. In what ways does the federal government promote agrieulture? 

24. Prepare a report upon the scientific work of the federal government. 
(History-Making,'pp. 29, 83, 98,149,183,188; Reinsch, P. S., Readings, 
pp. 419-432.) 

25. Describe the purpose and work of the bureau of corporations. (Reinsch, 
P. S., Readings, pp. 529-537.) 

26. Prepare a report upon the Congressional Library. (Putnam, Herbert, 
in History-Making, pp. 138-148.) 

27. Discuss the work of the Civil Service Commission. (Kaye, P. L., Read¬ 
ings in Civil Government, pp. 232-242; Reinsch, P. S., Readings, pp. 
683-702.) 

28. Describe the work of the census bureau. 

29. Readings on the executive departments: Kaye, P. L., Readings, pp 
211-225; Reinsch, P. S., Readings, pp. 362-460; Beard, C. A., Re^- 
ings, ch. ix. 


CHAPTER XXVm 


THE FEDERAL JUDICIARY 

400 . Necessity of a Federal Judiciary. Under the Aii> 
ides of Confederation there was no provision for a federal 
judiciary. Hence the laws and treaties of Congress were 
not addressed to individuals as commands, for violation 
of which the courts would enforce a penalty; but were 
merely requests or recommendations addressed to sover¬ 
eign States. With the establishment of a new government 
possessing the attributes of nationality and empowered to 
pass laws operating directly upon individuals, a national 
judiciary was essential in order to interpret and apply those 
laws, and to enforce a penalty for their violation. The 
creation of the federal judiciary as an independent and co¬ 
ordinate department of the government,^ with final power 
to decide as to the interpretation and constitutionality of 
legislative and executive acts, was the unique and crowning 
Achievement of the Constitutional Convention of 1787. 

401 . The National Courts. The constitution vests the 
judicial power of the United States in one Supreme Court, 
and in such inferior courts as Congress may see fit judiciary 
to establish. In accordance with this provision, 

Congress in 1789 passed the Judiciary Act drafted by 
Oliver Ellsworth, which with modifications still forms the 
basis of our judicial system. This act organized the Su¬ 
preme Court, and also created circuit and district courts; 
it apportioned the federal jurisdiction among the three 
grades of courts; created the office of Attorney-General, 
and provided for a marshal in each judicial district. 

* “The judicial department is ultimately dependent on the executive department to 
enforce its judgments if resisted, and upon the legislative department for the appropriation 
of the funds necessary to enable it to continue in existence and discharge its functions.** 
McClain, E., Constitutional Law in the United States, pp. 


330 


GOVERNMENT AND POLITICS 


Three 
grades 
of courts 


In 1891 Congress created nine “ circuit courts of appeals ’* 
in order to relieve the Supreme Court of part of its former 
appellate jurisdiction. By an act which became 
effective January 1 , 1912, Congress abolished the 
circuit court, vesting its former powers and duties 
in the district court. Hence there are now three grades of 
federal courts — the Supreme Court, the circuit court of 
appeals, and the district court. 

402 . Federal Judges. The number of federal judges is 
as follows: Supreme Court justices, nine; circuit judges, 
Number, thirty-two; district judges, one hundred and five, 
appoint- All United States judges are appointed by the 

President, subject to confirmation by the Senate; 
and their term of office is for life, or during good behavior. 
Federal judges are thus made independent both of the 
appointing power and of the popular will, since they can 
be removed from office only by conviction on impeachment 
charges. 

Judges receive a compensation which may be increased 
but cannot be diminished during their continuance in office, 
compensa- The justices of the Supreme Court are paid 
$14,500 a year (the chief justice receiving an 
additional $500); circuit judges, $8500; and district judges, 
$7500. Any judge who has held his commission at least 
ten years may resign on attaining the age of seventy years, 
and continue to draw full salary during the remainder of 
his life. 

403 . Jurisdiction of the Federal Courts. The federal 
courts authorized by the constitution are courts of limited. 
Limited not of general, jurisdiction; that is, they have 
Jurisdiction authority to try only such cases as are specifically 
placed within their jurisdiction by the provisions of the 
federal constitution and the laws enacted by Congress. 
The nine classes of cases enumerated in the constitution 
may be grouped under two general heads; ( 1 ) cases in which 
the federal jurisdiction depends upon the character of the 


THE FEDERAL JUDICIARY 


331 


suit; ( 2 ) cases in which the federal jurisdiction depends 
upon the character of the parties. 

404 . Jurisdiction depending upon Character of Suit. 
The class of cases in which jurisdiction depends upon the 
character of the suit includes: (a) cases in law or Enumera- 
equity arising imder the constitution or laws of 
the United States, or treaties made under their author¬ 
ity. (b) Cases of admiralty and maritime jmisdiction. 
(c) Controversies between citizens of the same State claim¬ 
ing lands under grants of different States. 

The most important cases within this group are those 
arising under the federal constitution, laws, or treaties; 
for it is by virtue of this authority that the na- cases under 
tional courts are enabled to maintain and en- 
force the provisions of the federal constitution, as well as 
the laws and treaties made under its authority. In order 
to come within the federal jurisdiction, it must appear 
that some right, title, privilege, or immunity claimed by 
one of the parties involves a construction of the federal 
constitution, laws, or treaties. Thus, if one of the parties 
claims that a State law affecting his rights is a law which 
impairs the obligation of contracts, the case is within fed¬ 
eral jurisdiction, since it involves the construction of the 
federal constitution.^ Or if one holding a patent from the 
federal government desires to bring suit for infringement, 
this would be a case arising under the laws of the United 
States, since patents are granted only by federal law. Again, 
if a municipality should pass an ordinance requiring all 
Chinese inhabitants to remove to a certain quarter of the 
city, the aliens concerned could seek redress in the federal 
courts, since the case would be one arising under a treaty. ^ 

The judicial power of the United States also extends “ to 

1 Article i, Section 10 of the constitution provides that no State shall pass any law im¬ 
pairing the obligation of contracts. 

* The Burlingame treaty with China guaranteed to Chinese subjects the same privileges 
in respect to residence as are enjoyed by the citizens or subjects of the most favored nation- 
fn re Lee Sing, ct al, 43 Fed. Rep. 359; Thayer’s Cases, i, 861. 


332 


GOVERNMENT AND POLITICS 


all cases of admiralty and maritime jurisdiction.” Since 
Maritime the high seas are the joint property of the na- 
jurisdicUon determination of maritime rights or 

transactions on such waters is necessarily beyond the 
jurisdiction of the State courts. As now construed, the 
admiralty jurisdiction of the federal courts extends not 
only over the high seas, but over all of the navigable waters 
of the United States which constitute avenues for foreign 
or interstate commerce. 

Likewise reserved for federal decision are controversies 
between citizens of the same State claiming lands under 
Land-grant grants of different States. As the rights of the 
oases States to grant the lands are drawn into 

question, it is clear that the courts of neither State should 
decide the controversy. 

405 . Jurisdiction depending upon Character of Parties. 
The second group of cases, wherein federal jurisdiction de- 
Enumera- i>ends upon the character of the parties, includes: 
Uon of cases cases affecting ambassadors, other public 
ministers, and consuls, (b) Controversies to which the 
United States is a party. ^ (c) Controversies between two 
or more States, (d) Controversies between a State and 
citizens of another State. ^ (e) Controversies between citi¬ 
zens of different States, (f) Controversies between a State, 
or the citizens thereof, and foreign States, citizens, or sub¬ 
jects. It is apparent that this group of cases includes those 
controversies whose determination by a federal tribunal 
is necessary to secure harmonious foreign and interstate 
relations, or to secure an impartial decision concerning the 
rights of citizens of the several States. 

406 . The Federal Judicial System. As already stated, 

* This includes all federal criminal suits; also suits by the United States against individ¬ 
uals tor debt, for the non-ful 611 ment of contracts, or for wrongful possession of property. 

* Shortly after the decision in the case of Chisholm v. Georgia (1793), the eleventh amend¬ 
ment was added to the constitution. This provides in effect that a State cannot be sued in 
a federal court by citizens of another State, or by citizens of a foreign state. Hence while 
States may bring suits in federal courts against citizens of other States, they cannot them- 
•elTW be sued by individuals in the national courts. 


THE FEDERAL JUDICIARY 


33S 


the judicial power of the United States is vested in a sys¬ 
tem of courts of three grades: the district courts, Three grades 
circuit courts of appeals, and the Supreme Court. 

The Supreme Court is expressly provided for by the con¬ 
stitution, and is therefore largely independent of Con¬ 
gress. The courts of the other two grades are statutory 
courts; that is, they are created by Congress, which body 
may alter their jurisdiction or abolish them entirely, at its 
discretion. 

407 . Federal District Courts. The federal courts of low¬ 
est grade are the district courts, one of which exists in each 
of the eighty-one districts into which the forty-eight States 
are divided. No district includes more than one Lowest fed- 
State, but many States are divided into two or 
more districts. Each district ordinarily has its own district 
judge, who holds court at one or more places within the 
district. 

The district court is a court of general original jurisdic¬ 
tion, both civil and criminal; that is, it is the court in which 

all cases coming under federal jurisdiction are , . 

, -1/ 1 1.1 Jnrtsdlctlon 

begun and first tried (except those cases m which 

the Supreme Court has original jurisdiction). The district 
court has jurisdiction of: (1) all crimes and offenses cogniz¬ 
able under the authority of the United States; (2) all civil 
cases brought by the United States or one of its officers; 
(3) cases between citizens of the same State claiming lands 
under grants from different States; (4) cases arising under 
the federal constitution, laws, or treaties, provided the 
amount in controversy exceeds $3000;^ (5) controversies 
between citizens of different States, or between citizens of a 
State and foreign states, citizens, or subjects, provided the 
amount involved exceeds $3000; (6) admiralty and mari¬ 
time cases; (7) suits arising under the patent, copyright, and 
trade-mark laws; (8) cases arising under the internal 
revenue, customs,^ and postal laws; (9) suits arising under 

* If the amount is less than $3000 the action must be brought in the State courts. 

* Except where jurisdiction has been conferred unon the Court of Customs Appeals. 


334 


GOVERNMENT AND POLITICS 


the laws regulating commerce; ( 10 ) suits against consuls 
and vice-consuls; ( 11 ) proceedings in bankruptcy; ( 12 ) suits 
under the immigration and contract labor laws; (13) suits 
and proceedings arising under the law to protect trade and 
commerce against restraints and monopolies; (14) suits to 
enforce the rights of citizens of the United States to vote 
in the several States; (15) suits brought by any person to 
redress the deprivation of any right, privilege, or immunity 
secured by the federal constitution or laws. 

Generally speaking, cases which have been brought in 
Removal State courts and could have been brought 

originally in the federal district court may be re¬ 
moved by the defendant under certain restrictions from the 
State court to the federal district court. 

408 . Federal Circuit Courts of Appeals. In order to re¬ 

lieve the work of the Supreme Court, the court known as 
EstabUsh- the circuit court of appeals was established in 
ment j circuits. This court con¬ 

sists of three judges (two of whom constitute a quorum) 
selected from the following list: the Supreme Court justice 
assigned to the particular circuit, the circuit judges, and 
the district judges of the circuit. 

The circuit court of appeals has appellate jurisdiction to 
review the decisions of the district courts, except in cases 
JurisdicUon which appeals and writs of error may be taken 
direct to the Supreme Court. The judgments and 
decrees of the circuit court of appeals are generally final in 
cases where the jurisdiction results from the fact that the 
suit is one between a citizen and an alien, or between 
citizens of different States. This court also has final juris¬ 
diction in cases arising under the patent and copyright 
laws, the revenue laws, the criminal laws, and in admiralty 
cases. 

409 . The Federal Supreme Court. The Supreme Court 
consists of one chief justice and eight associate justices, 
six of whom constitute a quorum. This court sits at the 


THE FEDERAL JUDICIARY 


SS5 

national capital, its sessions being held annually, commen¬ 
cing on the second Monday in October. After a organiza- 
case has been tried before the court, the opinion tion and 
of a majority of the judges is ascertained, and the 
chief justice then assigns to one of his associates the task of 
writing the decision. This is then read before the others, 
and if accepted by a majority it becomes the decision of 
the court. 

The jurisdiction of the Supreme Court is of two kinds, 
original and appellate. Its original jurisdiction, being pre- 
scrioed by constitutional provision, cannot be original 
abridged or extended by statute. The Supreme 
Court has original jurisdiction (I) in all cases affecting 
ambassadors, other public ministers, and consuls; (2) in 
cases in which a State is a party. The original jurisdiction 
of the Supreme Court has been resorted to principally to 
settle controversies between the States. 

The appellate jurisdiction of the Supreme Court is sub¬ 
ject to the control of Congress, and may be enlarged or 
restricted by that body. The Supreme Court AppeUate 
now hears appeals from the inferior federal 
courts as follows: (I) Cases from the district court in which 
the jurisdiction of the court is in question; final decrees in 
prize cases; cases involving the construction or applica¬ 
tion of the constitution of the United States, or of a federal 
law or treaty; cases in which the constitution or law of 
a State is claimed to be in contravention of the constitution 
of the United States. (2) Certain cases may be certified 
to the Supreme Court by the circuit court of appeals, or 
removed from that court by direction of the Supreme 
Court. (3) In certain cases the Supreme Court hears ap¬ 
peals from the supreme courts of the territories, the su¬ 
preme court of the District of Columbia, and from the Court 
of Claims. 

(4) Finally, the Supreme Court has power to hear ap¬ 
peals from State courts of last resort in cases involving a 


336 


GOVERNMENT AND POLITICS 


federal question, where the decision of the State court is 
Appeals against the validity of a federal statute or treaty 
from state or authority exercised under the United States; or 
where the decision of the State court is against 
the title, right, privilege, or immunity claimed by either 
party under the constitution, laws, treaties, or authority 
of the United States; or where the decision of the State 
court is in favor of a State statute or constitutional provi¬ 
sion which is claimed to be repugnant to the federal con¬ 
stitution, laws, or treaties. 

410 . Special United States Courts. The three courts 
described above constitute the national judicial system. 
Court of and exercise the judicial powers prescribed in the 
Claims federal constitution. But in the exercise of its 

own authority, Congress has created several special tri¬ 
bunals. One of these is the Court of Claims (created in 
1855), composed of five justices who sit at Washington. 
This court has authority to try claims against the United 
States, and if its judgment is in favor of the claimant, the 
sum may be paid by the Secretary of the Treasury from an 
appropriation made by Congress for this purpose. ^ 

By the act of 1911, Congress created the Court of Cus¬ 
toms Appeals. This court consists of five judges who have 
Court of power to review the decisions of the Board of 
Customs General Appraisers ^ concerning the classification 
Appeals imports and the rates of duty thereon. 

In the exercise of its general power to legislate for the 
territories and the District of Columbia, Congress has pro- 
Territoriai, vided a system of territorial courts. Under 
andjSii ’ authority derived by treaty with certain nations, 
tary tribu- as Turkey and China, Congress has given juris- 
diction to United States consuls in those countries 
to try civil and criminal cases to which citizens of the 


1 The award of the court is in the nature of a recommendation only, and if Congress 
makes no appropriation the claimant is without remedy. 

- The Board of General Appraisers is the board to which appeal is made from any deci* 
sioQ of the customs oncers in assessing duties upon imports. 


THE FEDERAL JUDICL\RY 


337 


United States are parties. Finally, under the power to 
“ make rules for the government and regulation of the land 
and naval forces,” Congress has provided courts-martial 
for the punishment of military and naval offenses. 

411 . Exercise of Federal Judicial Power. The federal 
courts possess all the powers belonging to courts of record, 
and necessary to the exercise of their jurisdiction powers of 
and the satisfaction of their judgments. They ap- Jeaerai 
point their inferior officers, admit and disbar at¬ 
torneys, punish for contempts, make rules of practice, and 
issue all customary writs, the most important of which 
are writs of habeas corpus, mandamus, and injunction.^ 

In each judicial district there is a United States marshal, 
charged with the duty of enforcing the decrees and orders 
of the court. Like the sheriff, he may if resisted call a posse 
of citizens to his aid; or if this is not adequate. Federal 
he may appeal to the President for federal troops, and district 
There is also in each district a federal public 
prosecutor, the United States district attorney, who in¬ 
stitutes proceedings against persons who violate federal 
law. Marshals and district attorneys are under the direc¬ 
tion of the United States Attorney-General, as head of the 
Department of Justice. 

In exercising their jurisdiction, the courts have con¬ 
sistently adhered to the rule that they will not interfere 
in purely political questions, decision concerning political 
which belongs to the executive or legislative de- 
partments. Such, for example, are questions of the exist¬ 
ence of war or peace, the rightful government of a foreign 
state, the admission of a new State to the Union, the 
restoration to constitutional relations of a State lately 
in rebellion, or the right of Indians to recognition as a tribe. 

^ The writ of habeas corpus is frequently invoked before federal courts in order to test the 
legality of an arrest under State authority. The writ of mandamus may be directed against 
individuals or corporations to compel them to perform their duties. The writ of injunction 
takes many forms, and is either a temporary or permanent restraining order forbidding per¬ 
sons to perform acts which would create consequences that could not be remedied by later 
suits. 


338 


GOVERNMENT AND POLITICS 


Similarly, the courts have uniformly refused to decide 
Concrete abstract questions of constitutionality, or to give 
case neces- opinions upon questions not presented in the 
form of a concrete case between parties to a suit. 

412 . The Law administered in the Federal Courts. In 

the exercise of their jurisdiction, the federal courts may find 
Grades it necessary to interpret and administer the fed- 
ofiaw law, as expressed in the federal constitution, 

statutes, or treaties; or State law, as expressed in the State 
constitution or statutes, or as embodied in the common law 
of the State. These laws are of different degrees of author¬ 
ity, the supreme law being the federal constitution, the 
provisions of which prevail over any other enactments, since 
whatever is not in accordance with the federal constitution 
is not law at all. A federal statute or treaty, if in conform¬ 
ity with the federal constitution, prevails as against any 
State constitution or statute. The State constitution is 
of higher authority than the State statute, while the State 
statutes prevail as against any principles of the common law 
which they contravene. ^ 

When cases arise which involve the construction of the 
United States constitution, laws, or treaties, the federal 
Adminis- courts follow their own judgment, guided by 
tering laws previous decisions of the United States Supreme 
Court. However, many cases arise which involve only the 
application of general principles of law, or the construction 
of State constitutions and statutes. In such cases, the 
general rule is that in administering the local or State law, 
the federal courts will follow the settled decisions of the 
highest State court. 

413 . Declaring Legislative Acts Void. Federal courts, 
like those of the States, exercise a twofold function. In 
Unique common with the courts of all countries, they have 
Enerican the power of determining the meaning of a legis- 
soorts lative enactment involved in any case before the 


* See Section 150. 


THE FEDERAL JUDICIARY 


339 


court, and applying the law, when its meaning has been 
ascertained, to the particular case. But American courts 
have a second function which foreign judiciaries do not 
possess; for they have the power to decide whether the 
legislative enactment involved in the case before the comt 
is one which the legislature is warranted under the consti¬ 
tution in passing — in short, whether the particular enact¬ 
ment is law at all. 

The federal constitution, we have seen, is the supreme 
law of the land, and Congress has only such legislative 
power as the constitution confers. It is the func- Final inter- 
tion of the judiciary to decide whether legisla- thrconsti- 
tive or executive acts involved in cases before the 
court are in excess of the authority granted; for if so, they 
are null and void. This power likewise extends to acts of 
the State legislatures and provisions of the State constitu¬ 
tions, which, to be valid, must not conflict with any pro¬ 
vision of federal law. 

414 . Historical Decisions. In the case of Marbury v, 
Madison, decided in 1803, the doctrine was first explicitly 
asserted that an act of Congress repugnant to the Marbury t. 
federal constitution was void; and from that date 
the position of the United States Supreme Court as the final 
and authoritative interpreter of the constitution was as¬ 
sured. 

In United States v. Judge Peters (1809), in Martin v. 

Hunter’s Lessee (1816), McCulloch v. Maryland (1819), 

and in Cohen v. Virginia (1821), the Supreme other 

Court asserted its power to disallow acts of the important 
^ oases 

State legislature which were repugnant to the fed¬ 
eral constitution.^ Since these cases, scores of State stat¬ 
utes and many provisions of State constitutions have been 
set aside as void because of conflict with the federal consti- 

1 Perhaps the most noted decision setting aside an act of a State legislature was the Dart¬ 
mouth College Case, decided in 1819. This case declared void an act of the New Hampshire 
legislature on the ground that it impaired the obligation of a contract, thus contravening 
Section 10 of Article i of the federal constitution, forbidding the States to pass any law 
impairing the obligation of contracts. 4 Wheaton, 518; Thayer’s Cases, ii, 1564. 


340 


GOTORNMENT AND POLITICS 


tution. The most famous decision disallowing an act of Con¬ 
gress was probably the Dred Scott Case, decided in 1857, 
denying the power of Congress to prohibit slavery in the 
territories. Other notable decisions of the Supreme Court 
setting aside acts of Congress are: the first Legal-Tender 
Decision (1870), disallowing the Legal-Tender ActC the 
Civil-Rights Cases (1883-84), in which acts designed to pro¬ 
tect negro citizens were disallowed; the Trade-Mark Cases 
(1879), in which the general power of the national gov¬ 
ernment to register trade-marks was denied; and the In¬ 
come-Tax Cases (1895), in which, by a majority of one, the 
federal tax on incomes was declared unconstitutional. 


GENERAL REFERENCES 

Ashley, Roscoe, The American Federal Stale (1903), ch. xvi. 
llaldwin, S. E., The American Judiciary (1905). 

Beard, C. A., American Government and Politics (1910), ch. xv. 

- Readings in American Government and Politics (1910), ch. xv. 

Black, H. C., American Constitutional Laio (1897), ch. vii. 

Bryce, James, The American Commonwealth (1907), i, chs. xxii-xxiv. 
Burgess, J. W., Political Science and Comparative Constitutional Tmw (1905), 
IT, 320-332. 

Cooley, T. M., Constitutional Laio (1898), ch. vi. 

Goodnow, F. J., Comparative Administrative Law (1903), ii, 144-216. 
Hamilton, Jay, and Madison, The Federalist (ed. by Lodge, 1904), nos. 
78-83. 

Harrison, B., This Country of Ours (1903), chs. xx-xxvi. 

Hart, A. B., Actual Government (1903), ch. xvii. 

Landon, J. S., The Constitutional History and Government of the United 
States (1905), chs. xrii-xiv. 

McClain, E., Constitutional Law in the United States (1905), chs. xxiv- 

XXIX. 

Pomeroy, J. N., Constitutional Law of the United States (1888). 

Reinsch, P. S., Readings on the American Federal Government (1909), ch. 

XIV. 

Schouler, James, Constitutional Studies (1904), pp. 169-177. 

Story, J., Commentaries on the Constitution of the United States (5th ed., 
1905), secs. 1573-1795. 

Tucker, J. R., The Constitution of the United States (1899), ii, ch. xiii. 
Willoughby, W. W., The Supreme Court of the United States (1890). 
Wilson, Woodrow, Constitutional Government in the United States (1908), 

ch. VI. 

Woodburn, J. A., The American Republic and Its Government (1908), ch. vi. 

> The adverse decision in this case was rendered by four judges to three, and was reversed 
the following year by five judges to four. The Legal-Tender Cases, 12 Wallace, 457, 629. 



THE FEDERAL JLDICIARY 


341 


QUESTIONS AND EXERCISES 

1. What territory is included in your federal judicial district? Where 
is the court held? Name the district judge, the district attorney, 
and the marshal. For what term and by whom is each appointed? 

2. What States are included in your judicial circuit? Who is the Su¬ 
preme Court justice for this circuit? Who are the circuit judges? 

3. Name the justices of our present Supreme Court. Name the men who 
have held the position of chief justice. W’hich ones are most famous? 

4. Prepare a report upon the influence of John Marshall as chief justice. 

5. May Congress by statute abolish the Supreme Court? Increase or 
decrease the number of Supreme Court judges? 

6. Compare the method of appointment and term of federal judges with 
that of the judges of your State supreme court. 

7. What are the advantages of life tenure for judges? (Kaye, P. L., 
Readings in Civil Government^ pp. 247-250.) 

8. Describe the process by which the United States Supreme Court ren¬ 
ders a decision. By whom is the decision written, by whom reported, 
and where published? (Reinsch, P. S., Readings, pp. 716-717.) 

9. May the President require the opinion of the Supreme Court upon a 
legislative measure? Whom should he consult? 

10. How are the judgments of the Supreme Court carried out? If the 
President should refuse to execute them, is there a remedy? 

11. Is the Supreme Court bound by its own previous decisions? 

12. What is the effect of a decision of the United States Supreme Court 
upon persons not parties to the suit? 

13. How is the jurisdiction of the federal courts determined? 

14. What was the constitutional result of the eleventh amendment? May 
a State sue another State in the federal courts for the payment of 
bonds? 

15. State the conditions under which a case may be appealed from the 
supreme court of your State to the United States Supreme Court. 

16. Prepare a report showing how the federal courts protect the rights: 
(a) of the nation; (b) of the States; (c) of citizens. 

17. Report upon the use of each of the following judicial writs: habeas 
corpvs, injundion, mandamus. 

18. Describe the power, process, and effect of declaring legislative acts 
unconstitutional. (Marbury v. Madison, 1 Cra,nch, 137; Thayer’s 
Cases, I, 107; McClain, E., Constitutional Law in the United States, 
pp. 19-25.) 

19. May a State court declare a federal law unconstitutional? 

20. Assuming that there is a conflict between the following laws, state 
which one prevails: (a) a city ordinance and a State statute; (b) a 
city charter and a State constitution; (c) a State constitution and a 
law of Congress; (d) a State statute and a law of Congress; (e) a State 
constitution and the federal constitution; (f) a law of Congress and a 
treaty; (g) a law of Congress and the federal constitution (Section 
150). 

21. Readings on the federal judiciary: Kaye, P. L., Readings, pp. 243- 
249; Reinsch. P. S., Readings, pp. 703-715; Beard, C. A., Readings, 

ch. XV. 


CHAPTER XXIX 


EXPENDITURE AND REVENUE 

415 . Growth of Federal Expenditures. The total expen¬ 
ditures of the national government for the year ending 
June 30, 1919, exceeded fifteen billion dollars, the objects of 
expenditure being shown in the table below. In 1860, the 
total federal expenditures amounted to $63,200,000, or two 
dollars percapitay while in 1919 our annual expenditures were 
one hundred and forty-six dollars per capita. Thus the total 
volume of expenditure is now two hundred and forty times 
as large as it was fifty years ago, while the per capita ex¬ 
penditure is more than seventy times as large. It must be 
kept in mind that governments to-day perform many more 
services than formerly, and expenditures have grown larger 
as government activities have increased. Moreover, while 
the per capita expenditure has increased, wealth has also 
greatly increased, especially in the United States; and hence 
the increased expenditure does not necessarily mean a 
greater burden to the individual taxpayer. 


FEDERAL RECEIPTS AND. EXPENDITURES, YEAR ENDING JUNE 30. 1919 
(In millions of dollars) 

Ordinary receipts Ordinary disbursements 


Customs. 

. 183 

Civil and miscellaneous. . 

. 3,264 

Internal revenue: — 


War. 

, 9,220 

Income and profits tax . 

2,601 

Navy. 

. 2,009 

Miscellaneous. 

1,239 

Indians. 

35 

Miscellaneous revenue.... 

625 

Pension. 

222 

Net postal revenue 

2 

Interest on public debt. . . 

616 

Total. 

4,650 

Total.. 

15,366 


416 . Expenditures resulting from the World War. When 
the United States entered the World War in defense of our 
national rights, the volume of federal expenditures increased 
enormously. The total appropriations of the Sixty-fifth 











EXPENDITURE AND REVENUE 


343 


Congress at its first session were nearly seventeen billion 
dollars, while previous appropriations and contracts au¬ 
thorized made a grand total for the fiscal year 1918 of 
over twenty-one billion dollars. This amount included 
seven billions for loans to our allies; so that exclusive of 
these loans, the total appropriations for this year exceeded 
fourteen billion dollars. 

417 . Control of Federal Expenditures. Control of federal 
expenditures is vested in Congress under the constitutional 
provision that no money shall be drawn from the treasury 
except in consequence of an appropriation made by law.^ 
The power of Congress over appropriations is subject to the 
executive veto, but the President cannot veto particular 
items of an appropriation bill. Most of the expenditures of 
the federal government are provided for in annual appro¬ 
priation bills passed by Congress. In some cases, as for 
rivers and harbors and for public works, it is necessary to 
make permanent appropriations; that is, appropriations 
voted for a certain purpose without limitation as to time. 

The constitution requires that “a regular statement 
and account of the receipts and expenditures of all public 
moneys shall be made from time to time.”^ In ac- preparation 
cordance with this provision, the Secretary of the of the 
Treasury lays before Congress at the beginning 
of each regular session a report known as the “Book of 
Estimates,” giving: (I) a condensed statement of receipts 
and expenditures for the last fiscal year; ( 2 ) an estimate of 
the revenues and expenditures for the fiscal year about to be 
entered upon; (3) an outline of the fiscal policy desired by 
the administration. The Secretary’s report is submitted 
to the Speaker of the House, who refers it to the appropriate 
committees. 

Real control of financial policy is thus vested in the con¬ 
gressional committees; for while they may take Financial 
the report of the Secretary of the Treasury as a committees 

1 Constitution, Art i, Sec. 9, Par. 7. ^ * Constitution, Art. l, Sec. 9, Par. 7. 


344 


GOVERNMENT AND POLITICS 


basis for legislation, they are under no legal obligation to 
do so, and the recommendations of that official are often 
materially modified or even entirely rejected. The most 
important of the House committees is that on ways and 
means, which has almost exclusive control of plans for rais¬ 
ing revenue. Only second in importance to the ways and 
means committee is the committee on appropriations. For¬ 
merly this committee reported all appropriation bills, but 
at present it reports only six bills, namely, the sundry civil 
bill; the legislative, executive, and judicial bill; the District 
of Columbia, pension, fortifications, and deficiency bills. 
Each of the other appropriation bills is assigned to a stand¬ 
ing committee, so that the fourteen appropriation bills are 
reported by eight different committees.^ 

Bills thus prepared are submitted to the House, and if 
passed by that body go to the Senate, where bills for raising 
Process of revenue are referred to the finance committee, and 
legislation appropriation bills to the committee on appro¬ 
priations. Both revenue and appropriation bills are freely 
amended by the Senate; and conference committees are 
often necessary to adjust the differences between the two 
bodies. After passing Congress, financial measures, like 
all other bills, must be submitted to the President for his 
approval or veto. 

418 . Criticisms of Federal System of Finance. Our sys 
tern of public finance has been severely criticized by Bryce 
and other authorities, for the following reasons: — 

( 1 ) Responsibility for preparing the budget ought to be 
direct, personal, and complete; but under our practice, this 
Responsi- responsibility is dispersed among independent 
fSU^* committees of coordinate authority. The four¬ 
teen annual appropriation bills enacted by Con- 

* Thus the committee on foreign affairs has charge of the appropriation bill for the con- 
4ular and diplomatic service; committee on military affairs, of the bills for the army and 
the Military Academy; committee on naval affairs, bill for the naval service; committee on 
Indian affairs, bill for the Indian service; committee on post office and post roads, bill for the 
postal service; committee on agriculture, bill for the Department of Agriculture; committee 
on rivers and harbors, the rivers and harbors bill. 


EXPENDITURE AND REVENUE 


345 


gress are prepared by eight different House committees, 
each of which is independent of the rest, and all of which 
may ignore entirely the ways and means committee, whose 
business it is to raise the revenue, as well as the Secretary 
of the Treasury, whose duty it is to suggest a fiscal plan. 

( 2 ) There is no direct relation between the amount pro¬ 
posed to be raised and the amount proposed to be spent 
in any one year. In most foreign countries, as Expendi- 
in the case of our own States and cities, the neces- 

sary expenditures are calculated beforehand as notcor- 
closely as possible, and taxes are then levied to 
supply the necessary funds. Federal finance reverses this 
process; it first provides revenue without any special refer¬ 
ence to the needs of the country, and then considers ways 
of expending the money raised. 

(3) The executive branch of the government has insuffi¬ 
cient authority in financial affairs. The Secretary of the 
Treasury, unlike the British Chancellor of the Lacjjoj 
Exchequer, does not submit his financial projects executive 
in the form of bills which he defends on the floor 

of the House; he may only recommend measures for the 
secret consideration of committees. Moreover, since the 
President cannot veto particular items in appropriation 
bills, his authority over fiscal legislation is limited. 

419 . Proposals for a National Budget System. War 
expenditures running into the billions of dollars, coupled 
with the certainty that direct taxation must 
continue to be the main source of federal revenue tration iiu;!- 
after the war, led Congress to consider seriously 
the institution of a budget system of appropriation. A bill 
was introduced in each branch of the Sixty-fifth Congress, 
outlining the following principles for a budget system: — 

( 1 ) That the President should be made responsible for 
expenditures recommended by his department heads, and 
that he should collect these recommendations and pass on 
them as a total sum. 


346 


GOVERNMENT AND POLITICS 


( 2 ) That requests for appropriations should be submitted 
to Congress in minute detail, and in the form of one ad¬ 
ministration budget. 

( 3 ) That this budget should be considered by a single 
committee in each house of Congress, instead of being in¬ 
troduced in a multitude of departmental bills to be con¬ 
sidered by twenty-nine different committees. 

(4) That Congress should create as an adjunct to its 
appropriations committee an auditing department that 
would comb the administration budget for extravagances. 

The budget system was finally established by an act of 
Congress passed in 1921. This law creates the bureau of the 
budget as an adjunct of the Treasury Department. This 
bureau prepares for the President the annual budget, to¬ 
gether with such estimates as he may from time to time rec¬ 
ommend to Congress. The head of each executive depart- 
ment appoints a budget officer charged with the 
duty of preparing the departmental estimate of 
budget appropriations. On or before September 15 of 

system year, the head of each department revises 

these estimates and submits them to the bureau of the 
budget, which has authority to correlate, revise, reduce, or 
increase the estimates. When directed by the President, 
the budget bureau is authorized to make detailed studies 
of the several executive departments and establishments, 
so as to enable the President to know what changes are ad¬ 
visable in the interest of economy and efficiency. Each 
executive department must furnish the bureau with such 
information as it may require, and the officials of the bureau 
have authority to examine the books and records of any 
department. 

420 . Sources of Federal Revenue, The ordinary revenues 
Customs of the federal government are derived mainly 
Internal from two sources, customs duties and internal 
revenue revenue taxes. For example, in 1917 customs 
duties supplied about twenty per cent of our national in- 


EXPENDITURE AND REVENUE 


347 


come, while internal revenue yielded over seventy per cent 
of the total. The internal revenue of that year was derived 
from three taxes: ordinary internal revenue, commonly 
called excise taxes; the corporation income tax; and the in¬ 
dividual income tax.^ 

421 . Taxing Power of the National Government. The 
constitution delegates the taxing power to Congress in the 
following terms: “ The Congress shall have power Taxing 
to lay and collect taxes, duties, imposts, and 
excises, to pay the debts and provide for the common de¬ 
fense and general welfare of the United States; but all 
duties, imposts, and excises shall be uniform throughout 
the United States.” ^ The taxing power thus vested in 
Congress extends to all persons and property within the 
jurisdiction of the United States. The power may be ex¬ 
ercised for any of three purposes — payment of debts, 
common defense, and general welfare — objects as broad 
as the needs of government can possibly be. 

The power of Congress to tax is subject to four important 
limitations, two of which restrict the objects to 
be taxed, while two apply to the method of levy¬ 
ing taxes. These are as follows: — 

(1) No tax or duty may be levied on artieles Export 

exported from any State. ^ duties 

( 2 ) Congress may not lay a tax upon the agencies or 
instrumentalities through which the State gov- Qoyem- 
ernments perform their functions. Thus Congress 
cannot tax State property, or incomes from State 
securities, or the salary of a State judicial ofl&cer, or the 
property or revenues of municipalities. 

( 3 ) Direct taxes must be apportioned among the several 
States in accordance with their population.^ 

“ Thus, if Congress proposes to lay a direct tax, 

it must first fix the whole amount of money to be raised in 


* See table in Section 415. 

* Ibid., Art. I, Sec. 9, Par. 5. 


* Constitution, Art. i. Sec. 8. 

* Constitution, Art. i, Sec. 9, Par. 4. 


348 


GOVERNMENT AND POLITICS 


this manner; and this amount it must divide among all the 
States in sums proportioned to the number of inhabitants 
in each. That is to say, the same process must be gone 
through with which is adopted in ascertaining the number 
of Representatives to which each State is entitled.” ^ 

(4) Finally, all duties, imposts, and excises must be uni¬ 
form throughout the United States; ^ that is, the rate fixed 
Rule of upon any article must be the same in all the 
uniformity “ n jg ^ot necessary that all articles 

should be subjected to the same burden, or that all upon 
which the tax is laid should bear the same rate. But when a 
rate has been determined for any one subject, that must 
be retained for the same species in all the States.” ^ 

422 . Import Duties as a Source of Revenue. Prior to 
the Civil War, the federal government derived nearly all 
Definition income from import duties;while in 1917 

only twenty per cent of the net revenue was de¬ 
rived from this source. Import duties ^ may be defined as 
taxes imposed upon articles brought into the United States 
from foreign countries. Since the States are forbidden to 
levy imposts, this form of tax is reserved exclusively to the 
federal government. 

Import duties are of two kinds, specific and ad valorem. 

Specific duties are those which are laid according to weight 

Specific and number, without reference to the value of the 

ad valorem article; while ad valorem duties are those levied 
duties . . 1 y-w 

m proportion to value. On some articles both 

forms of duty are levied.® 


* Pomeroy, J. N., Constitutional Law, sec. 279; but see also, Constitution, Amendment xw 

* Constitution, Art. i, Sec. 8, Par. 1. 

* Pomeroy, J. N., Constitutional Law, sec. 280. 

* In 1860, for example, customs receipts amounted to $53,178,512, while the total net 
revenues were only $60,056,755. 

» Customs duties include both import and export duties; but taxes upon exports have 
been abandoned by all leading countries, and are prohibited by the federal constitution. 

* The great advantage of the specific duty is the ease with which it is administered, since 
it merely involves weighing or counting. The ad valorem duty is fairer in that the duty is 
proportioned to the value of the article and decreases if the value falls; on the other hand, 
the ad valorem duty demands more administrative machinery and often leads to fraudu* 
lent invoices. 


EXPENDITURE AND REVENUE 


349 


The administration of customs duties is in charge of the 

Secretary of the Treasury, one of the assistant secretaries 

having immediate charge of the customs depart- „ „ „ 
mi • • T 1 OoUectlon 

ment. ihe entire country is divided into about 

fifty districts for the collection of customs. In each district 
there is a collector, who is aided by a surveyor, appraiser, 
and a staff of clerks, examiners, inspectors, and store¬ 
keepers. ^ 

423 . Import Duties as a Form of Tax. The advantages 
of import duties as a form of tax are, that they are exceed¬ 
ingly productive, inexpensive to administer, and ^fl^antagea 
collected with comparative ease (being ordinarily 
paid by the importer and shifted to the consumer in the 
form of a higher price). 

Considered strictly as a tax, they are open to serious 
objections: — 

( 1 ) They are not proportioned to the wealth of the tax¬ 
payers, but impose a disproportionate burden upon persons 
of moderate income. To yield a large revenue, Disadvan- 
import duties must be laid upon articles of gen- eauaiity*of 
eral consumption; but for these commodities per- 

sons of moderate means spend a greater proportion of their 
incomes than do the wealthier classes. 

( 2 ) Customs revenues are inelastic, since duties cannot 
be readily changed to meet the changing needs of govern¬ 
ment. Frequent revision of tariff rates means in- Lack ot 
jury to business, and for this reason the federal 
government for many years collected duties far in excess 
of its needs, thus encouraging wasteful expenditures. 

(3) Import duties are an uncertain form of tax, likely to 
yield least when the government need is greatest. In time 
of war, for example, foreign trade is usually cur- 

tailed, and hence the revenues from duties de¬ 
crease. Again, in time of industrial depression the receipts 
from this source generally decrease to a marked extent. 

1 Nine-tenths of the entire imports come through six ports of entry — New York, Bos¬ 
ton, Philade^hia, Baltimore, New Orleans, and San Francisco. 


350 


GOVERNMENT AND POLITICS 


424 . General Characteristics of Excise Taxes. Excises 
may be defined as taxes levied upon the consumption, 
manufacture, or sale of commodities within a country.^ 
Like customs duties, excises are commonly borne by the 
consumers, who have to pay higher prices for the articles 
taxed. While somewhat inelastic and uncertain in char¬ 
acter, they form a more stable and readily adjusted source 
of income than customs duties. Like the latter, they are 
based upon no rule of apportionment or equality, but are 
fixed charges laid on commodities without regard to the 
amount of property belonging to those who pay them. 

425 . Histor 5 of Excise Taxation. Excise taxes were first 
imposed in 1791, when a tax was laid upon distilled spirits 
Excises, to obtain money with which to pay the Revolu- 
1794-1817 i^ionary debt.^ Other excises were levied in 1794, 
including taxes on carriages, on the sales of liquors, on 
auction sales, on the manufacture of snuff, and the refining 
of sugar. These early excises were exceedingly unpopular 
and were repealed in 1802. The War of 1812 led to the 
imposition of new excises, which were declared to be tem¬ 
porary war taxes, and were abolished after 1817. 

With the outbreak of the Civil War, it became necessary 
to resort to excises upon an unprecedented scale. ^ In 1866, 
Excises receipts from internal revenue were $309,- 

oithe 226,813; and the total internal revenue receipts 
for the four years from 1863 to 1866 amounted 
to $666,072,950. After the war, most of the excises were 
repealed, but the excise duties on distilled and fermented 
liquors and tobacco were retained, and have since formed 
a permanent feature of our internal revenue system. 

At the outbreak of the Spanish-American War (1898), 

^ The term “excises” also includes licenses to pursue certain trades or callings, and to 
deal in certain commodities. 

* This tax in 1794 caused the insurrection in southwestern Pennsylvania, known as the 
“Whiskey Rebellion.” 

® The act of July 1, 1862, imposed duties upon liquors, tobacco, carriages, yachts, and 
many other articles; upon auction sales, railroads, steamboats, banking institutions, and 
insurance companies; upon the salaries of federal oflBcers; upon advertisements, incomes, 
and legacies; and upon many legal and eommercial transactions. 


EXPENDITURE AND REVENUE 


351 


a war revenue bill was passed. Nearly all the duties on 
tobacco and fermented liquor were doubled, and gpanish- 
excises were levied upon many other articles; also American 
upon a large number of commercial transactions 
involving the use of documents (such as bank checks, ex¬ 
press and freight receipts, telegraph messages, and the like); 
together with a tax upon inheritances. ^ 

To raise the immense revenues necessary for national 
defense in the World War, Congress resorted to taxation 
on a large scale, besides borrowing immense sums war taxes 
through the sale of bonds and other securities. 

The tax law passed on October 3, 1917, was planned to 
produce $2,500,000,000 of revenue during the ensuing 
year. The most important items in point of size were the 
tax on excess business profits, the tax on incomes, and the 
taxes on liquors and tobacco. There were also taxes on 
theater tickets and club dues, on promissory notes, deeds, 
and mortgages, on freight and express shipments, on tele¬ 
grams, motion pictures, automobiles and tires, together 
with an increase in postage rates. 

426 . Administration of Excise Taxes. The administra¬ 
tion of excise taxes is supervised by the commissioner of 
internal revenue, who is one of the bureau chiefs Revenue 
of the Treasury Department. The entire country 
is divided into a large number of districts, in each of which 
is a collector responsible for the enforcement of the revenue 
laws in his district. Special officers are employed to detect 
attempted evasions of the law. 

Excise taxes are collected in two ways: (1) By requir¬ 
ing the producer or seller of such commodities as cigars 
or oleomargarine to pay a license fee for the right collection 
to carry on his occupation, whereupon a certificate 
is issued, which must be exposed in his place of business. 

1 During the Civil War the federal government had levied a tax on inheritances (1864). 
Under this law the rate was made progressive, from one to six per cent. The law of 1898 
established a minimum rate of three-fourths per cent and a maximum rate of fifteen per 
cent, the rate varying according to the amount of the bequest and the degree of blood re- 
latiooahip. Under both laws, small estates were exempt. 


852 


GOVERNMENT AND POLITICS 


( 2 ) In addition to the license fee, each unit of the article 
is taxed by means of revenue stamps which must be pasted 
upon packages in such a way as to be necessarily broken 
when the package is opened. 

427 . Characteristics of Income Taxes. Income taxes 
are those levied in proportion to the income of the tax- 

« ... payer. ^ Theoretically, this is one of the most 
DeOnltlon ^ . 

just forms of tax, since it conforms more nearly 

to the ideal that taxes should be proportioned to the ability 
of the taxpayer; and income is conceded to be the best 
single indication of taxpaying ability. Moreover, the in¬ 
come tax cannot be easily shifted, but is generally borne 
by the persons on w^hom it is assessed. It is also an elastic 
form of tax, and can be readily adapted to revenue needs. 
It has proven very successful in other countries; but under 
our form of government it is not practicable for the States, 
since if one commonwealth levies an income tax, its wealthy 
citizens may escape it by acquiring a legal residence in a 
neighboring State. Hence incomes can be successfully taxed 
only under federal law; and the sixteenth constitutional 
amendment expressly authorizes Congress to tax incomes. 

428 . History of Federal Taxation of Incomes. Several 
income tax laws have been passed by Congress: the first in 
1861-1865 as a war measure; the second in 1894 as a means 
of meeting a prospective deficit resulting from a lowering 
of import duties; and the third in 1913, the rates being 
afterwards increased to provide a considerable portion of 
the immense revenue necessary for national defense. 

By a series of acts passed in 1861-1865, Congress levied 
a general income tax, the rate fixed in 1862 being three per 
Income tax cent on all incomes exceeding $600 and less than 
of civil War qqq^ ^nd five per cent on incomes over $10,- 
000.2 Assessments were made on the basis of written de¬ 
clarations by the taxpayers, subject to correction by the 

1 See Section 262. 

> Later acts increased the rate to five per cent on incomes from $600 to $5000, and te». 
per cent on incomes above $5000. 


EXPENDITURE AND REVENUE 


S53 


assessors. The income tax was abolished in 1872, having 
yielded a total revenue of $347,000,000 during the ten years 
it was in force. This tax was deemed by Congress an in¬ 
direct tax, and hence the rate was made uniform through¬ 
out the United States. 

In 1894, to offset the prospective loss of revenue from 
the lower rates under the Wilson-Gorman Tariff Act, Con¬ 
gress enacted a second income-tax law. This income tax 
levied a tax of two per cent on all incomes, from 
whatever source derived, in excess of $4000. The constitu¬ 
tionality of this law was attacked in the case of Pollock v. 
Farmers’ Loan and Trust Company. ^ In an opinion rendered 
by a divided bench, the Supreme Court declared the law un¬ 
constitutional (1895). The grounds for this decision were: 
(1) that a tax upon the income of real or personal property 
is a direct tax within the meaning of the constitution, and 
therefore unconstitutional unless imposed by the rule of 
apportionment; (2) that a tax upon income from State and 
municipal bonds is unconstitutional, this being a tax upon 
the instrumentalities of the State governments. 

This decision made it practically impossible for the fed¬ 
eral government to tax incomes. Accordingly the Sixteenth 
Amendment was added to the Federal Constitu- income tax 
tion in 1913. This expressly empowers Congress 
to tax incomes “ without apportionment among the sev¬ 
eral States, and without regard to any census or enumera¬ 
tion.” Congress has since passed three income tax laws. 
The present law levies an annual tax of not less than two 
per cent upon the net income of married persons in excess 
of $2000; while for single persons the amount exempt is 
only $1000. The rate of the tax increases with the size 
of the income, up to fifty per cent on incomes above 
$1,000,000. 

429. Direct Taxes levied by the Federal Government. 
On five occasions Congress has exercised its constitutional 

1 157 U. S. 429; 158 U. S. 601. 


354 


GOVERNMENT AND POLITICS 


power to levy direct taxes proportioned among the States 
according to population. The first tax of this kind was 
levied in 1798, three others during the M^ar of 1812, and one 
in 1861. The first four of these were laid upon real estate 
and slaves, the act of 1861 upon real estate alone. Except 
in the greatest emergency, it is unlikely that Congress will 
again levy direct taxes, since under the rule of apportion¬ 
ment the burden of such taxation weighs most heavily 
upon the poorer States. 

430 . Anticipatory or Extraordinary Revenues. In ad¬ 
dition to the revenue secured from the sources already 
Borrowing described, the federal government may obtain 
power funds through the use of its credit. The constitu¬ 
tion vests in Congress power “ to borrow money on the 
credit of the United States,” ^ thus conferring the borrow¬ 
ing power in the broadest possible terms, so that it may be 
commensurate with the needs of government. 

Governments generally borrow money by issuing bonds, 
bills of credit (such as treasury notes), or other evidences 
Methods oi of indebtedness. But Congress is not limited to 
borrowing j^ethods of borrowing which are so clearly and 
directly adapted to the end in view; it may adopt any 
means it deems conducive to the efficient execution of the 
power, provided only that they are appropriate to the end, 
and legitimate, that is, within the scope of the constitution. 
Thus Congress may charter a federal bank, this having 
been held by the Supreme Court to be a necessary and 
proper means of carrying on the fiscal operations of govern¬ 
ment.^ Moreover, as an incident of the power to borrow 
money and provide a currency. Congress may establish a 
system of national and federal reserve banks, such as exists 
to-day. Not only may Congress issue bills of credit, such 
as treasury notes, but as an incident of the borrowing power, 

^ Constitution, Art. i, Sec. 8, Par. 2. 

* On the theory that the credit of the government is thereby strengthened and its bor¬ 
rowing powers enlaiged. McCulloch v. Maryland, 4 Wheat. 316; Thayer’s Cases, i, 271,' 
Osborne et al. v. United States Bank. 9 Wheat. 738. 


EXPENDITURE AND REVENUE 


355 


Congress may make such notes a legal tender for all public 
and private debts. 

431 . Bond Issues. In negotiating public loans, govern¬ 
ments usually proceed by one of two methods. The first 
is to prepare the bonds or other evidences of subscrip- 
indebtedness, fixing all the conditions (such as tion—first 
the amount, time, and rate of interest), and then 
offer the securities to all buyers at the same price. This 
method of selling bonds by popular subscription was relied 
on by the national government in raising our great Liberty 
Loans, and proved very successful. 

The second method of marketing bonds is for the gov¬ 
ernment to advertise that bids for a certain amount of 
bonds are desired. Bankers and capitalists then compeuuve 
compete for the privilege of taking the bond issue 
in whole or in part. The bidders offer to provide the money 
at a certain rate of interest, or if the rate of interest and 
the amount of the bonds have been determined, offer to 
buy them at a certain rate, quoted as so much per hun¬ 
dred. The most favorable terms offered are then accepted, 
and upon delivering the money to the government, the 
purchasers receive the bonds. ^ In former times, our na¬ 
tional government has often sold its bonds in this way, and 
this is still the usual method of selling State, city, and 
county bonds. 

Fiscal considerations will determine the time for which 
the bonds shall run, the amount, and the rate of interest. 
If intended for popular subscription, the bonds Maturity, 
must be in small amounts; otherwise the units and interest 
may be larger. If the rate of interest offered is 
too low, the bonds will not sell except below par. Both 
principal and interest of bonds are payable in gold. During 
the great World War of 1917, our government wisely de¬ 
cided to sell its bonds directly to the people, through popu- 

* The first of these methods has the advantage of interesting many individual citizens 
in the loan; the second method secures to the government the advantage of competitioa 
among those having money to loaa 


356 


GOVERNMENT AND POLITICS 


lar subscription; and in order that they might be within 
reach of all, bonds were offered in denominations as small 
as fifty dollars. Three great Liberty Loans, aggregating 
nearly twelve billion dollars, were made during the first 
year of the war, at interest rates ranging from 3j to 4i per 
cent. 

432. Short-time Loans. Bonds are generally issued for 
loans intended to extend over a considerable number of 
Treasury years; but for short-term loans some variety of 

treasury notes is generally issued. Thus during 
the Civil War, the government secured short-term and 
temporary loans (amounting in all to $1,098,000,000) 
through the issue of a variety of interest-bearing notes. ^ 
In addition to these notes, what was in reality a forced 
loan was secured through the issue of $431,000,000 of non- 
interest-bearing, legal-tender notes, not redeemable in 
specie. 

In the year 1917, a new war savings plan was arranged 
by which even the smallest investors could aid the gov- 
ernment with their savings. Thrift stamps cost- 
CertSStes twenty-five cents each were sold, sixteen of 
which, with a few cents additional, could be ex¬ 
changed for a war savings certificate. These certificates 
will become due on January 1, 1923, yielding interest at 
the rate of about four per cent. From this source the gov¬ 
ernment planned to raise two billion dollars during the year 
1918. 

433. History of the National Debt. The constitution had 
expressly provided that the debts of the Confederation 
Assumption government (amounting to about $54,000,000) 

should be valid as against the new federal gov¬ 
ernment. ^ Under the influence of Hamilton, Congress also 
assumed the war debt incurred by the States during the 
Revolution (amounting to about $21,000,000); and thus 

1 Including treasury notes, certifieates of deposit, and eompound interest notes. The 
rate of interest varied from five per cent to seven and three-tenths per eent. 

* Constitution, Art. vi, Par. 1. 


EXPENDITURE AND REVENUE 


S57 


the new government began its career with a national debt 
of about $75,000,000. 

Hamilton considered a public debt a source of strength 
to government, on the theory that the holders of bonds 
would be necessarily interested in the stability PoUciesof 
of the new government. Hence the Federalists ^djitfer- 
when in power did not aim to extinguish the debt 
rapidly. But Jefferson entertained a different conception, 
holding that the public debt was something to be paid as 
quickly as possible; and this has since been the prevailing 
theory. From Jefferson’s administration, the debt was 
steadily reduced until the War of 1812, when it increased 
to nearly $125,000,000. After the war, it again decreased, 
until by 1836 the national debt was practically paid, and 
the government distributed a surplus of about $28,000,000 
to the States. 

The Mexican War involved an increased indebtedness of 
about $49,000,000; but until the Civil War the national 
debt remained a comparatively small one, amount- Debt prior to 
ing at the outbreak of the war to about $60,000,- 
000 . By 1862 it had increased to over $500,000,000; and 
in 1865 it reached a total of $2,674,815,856. 

After the war the country entered upon the tremendous 
task of paying off the debt, and in twenty-five years, $1,- 
784,031,486 of the public debt was paid, leaving an indebt¬ 
edness of $890,784,370.^ This amount was some- Debt since 
what increased by the Spanish-American War; but 
in the year preceding our entry into the World War, the 
national debt was $989,219,621, or less than ten dollars 
per capita. This indebtedness was increased to vast pro¬ 
portions as a result of our participation in the World War, 
and is now about $24,000,000,000. 


1 The debt less cash in the treasury. 


358 


GOVERNMENT AND POLITICS 


GENERAL REFERENCES 

Adams, H. C., The Science of Finance (1905). 

Ashley, R. L., The American Federal State (1903), ch. xxv. 

Beard, C. A,, American Government and Politics (1910), ch. xviil. 

- Readings in American Government and Politics (1910), ch. xvm 

Blackmar, F. W., Economics for High Schools (1907), ch. xxxii. 

Bryce, James A., The American Commonwealth (1907), i, ch. xvii. 

Daniels, W. M., The Elements of Public Finance, pp, 30-38, 167-170, 1'8C' 
191. 

Dewey, D. R., Financial History of the United States (1903), chs. in, xxi, 
Ely, R. T., and Wicker, Geo. R., Elementary Principles of Economics 
(1904), pp. 327-364. 

Hart, A. B., Actual Government (1903), pp. 394-429. 

James, J. A., and Sanford, A. H., Government in State and Nation (1903), 
ch. xvn. 

McClain, E., Constitutional Law in the United States (1905), pp. 137-142. 
Plehn, C. C., Introduction to Public Finance (1897). 

R«insch, P. S., Readings on American Federal Government (1909), ch. viii. 
Woodburn, J. A., The American Republic and its Government (1908), pp. 
287-298. 


QUESTIONS AND EXERCISES 

1 . Report upon the financial diflaculties of the government under the 
Articles of Confederation. 

2 . Prepare a report upon Hamilton’s financial policy. 

3 . Prepare a report upon the systems of taxation employed during the 
Civil War. (Consult Dewey, D. R., Financial History of the United 
States, ch. xiii.) 

4. Are there any limitations on the purposes for which the federal gov¬ 
ernment may levy taxes? 

5 . If both the United States and a State government tax the same pro¬ 
perty, which claim must be first satisfied? 

6 . Has the federal government any exclusive powers of taxation? 

7. May State governments tax corporations created by the United States? 
May States tax the incomes of federal officials? The income derived 
from United States bonds? (Section 447.) 

8 . May the United States government tax legacies? May a State tax 
imported goods? 

9. Discuss the arguments in favor of a federal income tax. 

10 . May Congress grant to certain individuals the privilege of importing 
goods free, while compelling others to pay duties? May Congress 
provide a lower rate of duties on goods shipped to Boston than on 
similar goods shipped to New York? 

11 . What imports are taxed heavily for the sake of revenue only? Does 
the chief burden fall on articles of luxury or necessity? 

12 . Describe the collection of the federal revenue. (Dewey, D. R., Finan- 
dal History of the United States, pp. 488-492.) 

13. Describe the process of enacting a tariff bill. (Dewey, D. R., Finandal 
History of the United States, pp. 478-483.) 

14. What were the revenues for the last fiscal year? The expenditures? 
The chief items under each head? 



EXPENDITURE AND REVENUE 359 

15. Account for the enormous growth of governmental expenditures. Is 
this increase justifiable? (Reinsch, P. S., Readings^ pp. 355-359.) 

16. E>^nditures for the army, fortifications, navy, and pensions com¬ 
prise what per cent of the total federal expenditures? Is this exces¬ 
sive? 

17. Describe the process of passing appropriation bills. (Dewey, D. R., 
Financial History, pp. 483-488; Reinsch, P. S., Readings, pp. 301-355.) 

18. Summarize the criticisms upon our system of congressional finance. 
How can these defects be remedied? (Bryce, James, The American 
Commonwealth, i, pp. 174-182; Reinsch, P. S., Readings, pp. 317-320.) 

19. Discuss the reasons given by President Cleveland for his veto of the 
River and Harbor Bill in 1896. (Reinsch, P. S., Readings, pp. 359-361.) 

20. May Congress distribute surplus revenue among the States? Has this 
ever been done? 

21 . Report upon the custody of the public funds. (Kinley, David, The 
Independent Treasury of the United States; Dewey, D. R., Financial 
History, pp. 492-494.) 

22. Are there any limitations on the borrowing power of the United States? 

23. May Congress lower the rate of interest on government bonds before 
their maturity? 

24. What is meant by the statement that bonds are quoted at 106? At 
98? Examine your daily papers for the current price of United States 
bonds. How do you account for difference in these prices? 

25. What is a sinking-fund? What is meant by funding the debt? 


CHAPTER XXX 


COINAGE AND CURRENCY 


434 . Origin and Functions of Money. Money may be 
defined as that which serves as a medium of exchange 
throughout the community, being accepted in final dis¬ 
charge of debts and in full payment for commodities, with¬ 
out reference to the credit of the person who offers it. ^ 

The earliest exchanges were effected by barter, but the 
serious disadvantages of this method led to the adoption 
of a generally desired commodity as a common medium of 
exchange. Cattle, furs, tobacco, and other commodities 
have served in primitive societies as a medium of exchange; 
but these crude forms of money were gradually supplanted 
by the precious metals, gold and silver.^ 

Money owes its origin to the action of individuals, but 
governments gradually asserted their control over money 
govern- three ways: ( 1 ) by selecting the commodity 

ments and which had previously served as a medium of ex¬ 
change between individuals, and making it the 
means of payment for government fines and taxes; ( 2 ) by 
establishing systems of public coinage and prohibiting coin¬ 
age by private individuals; (3) by making the government 
coins a legal tender in discharge of all debts. 

Money serves three important functions: ( 1 ) as a medium 
of exchange, obviating the difficulties of barter; 
( 2 ) as a measure of values, that is, a common de¬ 
nominator in which the exchange values of other commodi- 


Fonctlons 


1 Definition adapted from Walker, F. A., Money in its Relations to Trade and Industry, 

P-4. 

* The characteristics of a good money material, possessed in large degree by the pre¬ 
cious metals, are: (1) commodity value, arising from general desirability, (2) high specific 
value, (8) portability, (4) durability, (5) divisibility, (6) convertibility, (7) uniformity of 
Value, (8) cognizability, (9) homogeneity. 


COINAGE AND CURRENCY 


361 


ties are reckoned; (3) as a standard of deferred payments, 
that is, the measure of debts whose payment is postponed 
to a future time. 

435 . Monetary System of the United States. Power to 
regulate the monetary system of the United States is vested 
exclusively in Congress, the States being forbid- 

den to create either a metallic or a paper currency, powers of 
The federal constitution confers upon Congress 
the power “ to coin money and regulate the value thereof 
and of foreign coin and by express provision the States 
are forbidden to coin money, emit bills of credit, or make 
anything but gold or silver coin a legal tender in payment 
of debts .2 Under the interpretation of the Supreme Court, 
Congress is thus vested expressly with the power to create 
metal money and regulate its value; vested impliedly with 
power to create paper money and regulate its value; and 
vested impliedly with power to make anything it wishes 
legal tender in payment of any debt. ^ 

Currency ■— a term which includes all money authorized 
by the government — is of two kinds, metallic and paper. 
The metallic currency of the United States now Kinds oi 
consists of gold coins, silver dollars, and subsid- 
iary coins; the paper currency of gold certificates, silver 
certificates. United States notes, national-bank notes, treas¬ 
ury notes (Act of 1890), and federal reserve notes. Thus, 
in all, nine kinds of money or currency are authorized, three 
of which ■— gold coins, silver dollars, and United States 
notes — are full legal tender; while the subsidiary coins 
are legal tender only in limited amounts.*^ 

436 . Volume of Money. The entire volume of money 
in the United States on July 1, 1916, is shown by the table 
on next page. 

1 Constitution, Art. i, Sec. 8, Par. 5. * Ibid., Art. i. Sec. 10, Par. 1. 

* Juilliard v. Greenman, 110 U. S. 421; Thayer’s Cases, ii, 2255. 

* Subsidiary coins include the half-dollar, quarter, and dime, which are legal tender to 
the amount of ten dollars; and the so-called minor coins, the nickel and cent, which are lego) 
tender to the amount of twenty-five cents. 


362 


GOVERNMENT AND POLITICS 


Kind of money 

In treoiury 

In circulation 

Total 

Gold coin. 

$ 238 , 093,644 

$ 637 , 250,272 

$ 875 , 343,916 

Silver dollars. 

9 , 846,285 

66 , 414,932 

76 , 261,217 

Subsidiary coins. 

17 , 440,437 

171 , 449,851 

188 , 890,288 

Gold certificates. 


1 , 413 , 823,289 

1 , 413 , 823,289 

Silver certificates. 


489 , 910,937 

489 , 910,937 

United States notes.... 

4 , 961,469 

341 , 719,547 

346 , 681,016 

National-bank notes . . . 

. 24 , 773,866 

719 , 400,794 

744 , 174,660 

Treasury notes. 


2 , 098,165 

2 , 098,165 

Federal reserve notes.. . 

3 , 067,665 

173 , 100,785 

176 , 168,450 

Grand total. 

$ 298 , 183,366 

$ 4 , 015 , 168,572 

$ 4 , 313 , 351,938 


437 . History of Metallic Currency to 1873 . During the 
Revolutionary period, the colonies relied for their metal- 
Revoiution- lie currency chiefly upon English, French, and 
federaSon*'" Spanish coins; and various units of account were 
periods employed in different sections of the country. 
Under the Articles of Confederation, the currency remained 
in a chaotic condition, for the States retained the right to 
coin money. 

The federal constitution gave the national government 
entire control of the currency, and in 1792 Congress passed 
OoinagoAot the first coinage act. This law provided for the 
of 1792 coinage of gold and silver at the ratio of 

15 to 1, a proportion which approximated the bullion 
values of the metals. The monetary unit was the gold dol¬ 
lar consisting of 24f grains of pure gold, and the silver dol¬ 
lar containing fifteen times that amount, or 371J grains of 
pure silver. Eagles, half and quarter eagles, and silver 
dollars were to be coined, and were made full legal tender. 

The mint ratio of 15 to 1 thus established between gold 
and silver soon proved to be an undervaluation of gold 
Oresham’s in the world’s market; in other words, within 
a few years a pound of gold was worth, as bul¬ 
lion, more than fifteen pounds of silver. Hence little 
gold was brought to the mint, and during the period from 
1804 to 1834, only about nine million dollars of gold was 



















COINAGE AND CURRENCY 


363 


coined. Gold disappeared from circulation owing to a 
monetary principle known as Gresham’s Law — that “ bad 
money tends to drive out good, but good money cannot 
drive out bad.” In other words, if both metals are legal 
tender, people will pay their debts with the cheaper money, 
the dearer money being hoarded or exported. 

As a result of this discrepancy between the mint and the 
market ratios of gold and silver, a new coinage act was 
passed in 1834, which reduced the weight of the coinage Act 
gold dollar from 24.75 to 23.22 grains. Since 
the weight of the silver dollar remained the same (371.25 
grains), this established a ratio of approximately 16 to 1 . 
This mint ratio in turn soon proved to be an undervalua¬ 
tion of silver as compared with the market ratio that is, 
sixteen ounces of silver became worth more in the market 
than one ounce of gold. In accordance with Gresham’s 
Law, silver coins then disappeared from circulation, and 
after 1840 silver dollars were rarely seen. 

After 1861 specie payments were suspended; large quan¬ 
tities of paper money were issued, and gold and suspension 

silver disappeared from circulation, or circulated o* specie 
/ ^ . payments 

only at a heavy premium. 

438 . History of Metallic Currency, 1873 - 1900 . In 1873 
an act was passed which discontinued the coinage of the 
silver dollar of 371J grains, and established as Demonetiza- 
the sole unit of value the gold dollar containing 
23.22 grains of pure gold. Silver was thus demonetized 
(that is, no longer received by the government to be coined 
into money); and the country was placed upon a mono¬ 
metallic (one-metal) basis, with free coinage of gold only. 
This action in combination with other causes ^ led to a 
rapid decline in the value of silver as compared with that 
of gold. 

i The discovery of gold in California in 1848, and the subsequent large production of 
gold in California and Australia, lowered the value of that metal as compared to silver. 

* Especially the demonetization of silver by Germany in 1871, the limitation placed upon 
silver coinage by the Latin Union in 1873, and the discovery of large silver-mines in Nevjida. 


364 


GOVERNJMENT AND POLITICS 


This demonetization of silver attracted little attention 
in 1873; but as silver began to decline rapidly in price. 
Battle of tho those who were interested in its sale as a corn- 
standards modity, together with many who believed the 
circulating medium unduly restricted if limited to one 
metal, united in a demand for the renewed free coinage of 
silver. The more radical friends of silver referred to the 
demonetization act as “ the crime of ’73 and the period 
from 1873 to 1900 — described by one writer as the “ battle 
of the standards” — was one of constant agitation, dis¬ 
cussion, and legislation with reference to the money ques¬ 
tion. 

439 . The Coinage Act of 1878 . The demand for the re¬ 

newed coinage of silver was in part recognized by the 
Bland- Bland-Allison Act of 1878. As originally passed 
Allison Act House, this act provided for the free and 

unlimited coinage of silver at the ratio of 16 to 1 ; but as 
amended by the Senate, the volume of silver coinage was 
restricted. The act provided that the Secretary of the 
Treasury should purchase silver bullion at the market 
price, to the amount of not less than $2,000,000 nor more 
than $4,000,000 per month; and the bullion thus purchased 
was to be coined into dollars which were to be full legal 
tender. 

440 . The Sherman Act and its Results. In 1890, the 

Bland-Allison Act was repealed and the Sherman Act 
Provisions directing the Secretary of the Treasury 

to purchase 4,500,000 ounces of silver each 
month, paying for it with legal-tender treasury notes. 
These treasury notes were to be redeemed in either gold or 
silver coin at the discretion of the Secretary; but since the 
act declared it to be the policy of the United States to 
maintain the two metals on a parity with each other, this 
was interpreted by the Treasury Department as a virtual 
promise that the notes should be redeemed in gold, or its 
exact equivalent. 


COINAGE AND CURRENCY 


S65 


The resumption of specie payments January 1, 1879, 
had been accomplished by the accumulation in the treasury 
of a gold reserve of $133,000,000 in excess of all Redemption 
liabilities. This sum, although slightly less than 
forty per cent of the outstanding United States notes, 
proved more than suflacient for redemption purposes. In 
the fourteen years from 1879 to 1892, only an insignificant 
amount of gold was paid out by the Treasury Department 
for redemption, owing to the fact that government credit 
and business conditions were such that few notes were pre¬ 
sented.^ No definite sum was required by law to be set 
aside as a gold reserve, but tradition and custom had fixed 
$100,000,000 as the sum necessary to guarantee the re¬ 
demption of the notes. The Sherman Act of 1890 increased 
the volume of outstanding legal-tender notes by over $50,- 
000,000 annually, without providing an additional gold re¬ 
serve for redemption purposes. The Treasury Department 
was unable to increase the reserve from funds on hand, as 
government revenues were falling off, owing to the business 
depression which finally culminated in the panic of 1893. ^ 
In June, 1893, the British government closed the mints 
of India to the coinage of silver, and the price of silver bul¬ 
lion declined rapidly. In the same year the gold Decline of 
reserve of the Treasury Department began to 
decline, since legal-tender notes were being presented in 
large amounts, owing to the doubt entertained by many 
people as to the ability of government to redeem them in 
gold. Thus in 1893, $102,100,000 of legal-tender notes were 
presented for redemption, as compared with $9,126,000 in 
the preceding year. The value of the bullion in the silver 
dollar in 1893 was only sixty cents, and had the Treasury 
Department redeemed legal tenders in silver, the probable 
result would have been immediate depreciation of the notes. 

* The largest amount of notes redeemed in any one year prior to 1893 was in 1892, when 
notes to the amount of $9,126,000 were presented. 

* In 1890, the excess of revenue over expenditures was $105,344,000, in 1892, $9,914,000, 
in 1893, $2,342,000, while in 1894 there was a deficit amounting to $69,803,000. 


S66 


GOVERNMENT AND POLITICS 


Under these conditions President Cleveland summoned 
Congress in special session (August, 1893); and a statute 
Repeal was passed repealing that part of the Sherman Act 

purchasing which provided for the monthly purchase of 
clause silver, thus putting an end to further issues of 
treasury notes. But much of the mischief had already been 
done, and during the years 1893-1896 the gold reserve was 
almost constantly below $ 100 , 000 , 000 . As the revenue from 
customs duties and excises had declined sharply, the Treas¬ 
ury found itself compelled to sell bonds in order to obtain 
gold with which to redeem notes. In all, $260,000,000 of 
bonds were sold for gold, which in turn was quickly paid 
out in redemption of notes. But gradually the panic began 
to subside; business conditions improved, government 
revenues increased, and shortly after the presidential cam¬ 
paign of 1896, gold once more flowed freely into the treas¬ 
ury, and the crisis was passed. 

441 . Arguments for Bimetallism. The burning issue in 
the presidential campaigns of 1896 and 1900 was that of free 
coinage of silver at the old ratio of 16 to 1 . The principal 
arguments urged by those who favored bimetallism^ were:— 

( 1 ) The double standard gives a more stable money 

unit than the single standard, because a larger stock of 
stable unit metal is thereby made available for money. Prices 
©lvalue fluctuate less, for if one metal rises in value 

owing to a decreased production, the other metal will take 
its place, thus preventing a fall in prices. 

(2) There has been a general fall of prices in all gold- 

standard countries since 1873, and this has injured debtors 
General increasing the burden of their debts. In 

to pdces words, a debt — such as a mortgage — 

contracted in money of relatively low purchas¬ 
ing power must be repaid in dollars whose purchasing power 
has greatly increased. 


‘ Three conditions are essential to bimetallism; (1) two metals; (2) free (unlimited) 
coinage of both at a ratio fixed by law; and (S) both metals full legal tender in payment ©I 
debts. 


COINAGE AND CURRENCY 


367 


(3) The world’s stock of gold is not sufiScient for the 
money deniand of the world, and hence gold gtoctoj 
monometallism means a continuous fall of prices, insui- 
and a constantly increasing burden upon the 
debtor class. 

442 . Arguments for Monometallism. To these argu¬ 
ments in favor of the free coinage of silver the monometal¬ 
lists replied: — 

( 1 ) National bimetallism is impossible, the so-called 
double standard being merely an alternating standard. 
Unless the legal ratio between gold and silver AitemaUng 
exactly coincides with the market ratio, that is, standard 
unless the mint valuation of each metal be the same as the 
market value of the bullion, the cheaper metal will be used 
as money in accordance with Gresham’s Law. This was the 
experience of the United States after the acts of 1792 and 
1834, and has been the experience of all other countries 
under bimetallism. 

( 2 ) The proposed legal ratio of 16 to 1 greatly over¬ 
values silver as compared with the market ratio of SO to 1.^ 
Hence free coinage of silver at 16 to 1 would mean overvaiua- 
not bimetallism in fact, but silver monometallism. ^ 

Being worth more as bullion, gold would not be 

used as money, but would be hoarded or exported in ac¬ 
cordance with Gresham’s Law. Further, debts contracted 
on a gold basis would be paid in silver money of greatly 
decreased purchasing power. 

(3) The fall of prices is due not to scarcity of money 
material, but to improved methods of production. The 
increased production secures practically the same qj 
money return as before, through the sale of a decline in 
larger number of commodities at a lower price; 

and hence debtors whose business is affected by improved 
methods of production are not unduly burdened. In any 
event, changes in the purchasing power of money are part 

1 TLifl was the ratio in 1896. 


GOVERNMENT AND POLITICS 


m 


of the risk incurred by persons who enter into long-time 
contracts, such changes benefiting creditors if prices fall, 
debtors if they rise. 

Increased production of gold is increasing rapidly, 

production having nearly doubled from 1890 to 1897, and is 
entirely sufficient to meet the demands of the 
world’s trade. ^ 

443 . Currency Act of 1900 . The elections of 1896 and 

1900 resulted in the defeat of the party declaring in favor 
Chief pro- of the free coinage of silver at the ratio of 16 to 1, 
visions Currency Act of March 14,1900, formally 

committed the United States to the policy of gold mono¬ 
metallism which had in fact prevailed since 1873. The 
important provisions of this act are; — 

(1) The gold dollar is declared to be the standard unit 
of value, and all forms of money issued by the govern¬ 
ment are to be maintained on a parity with it. 

( 2 ) The treasury notes of 1890 are to be retired as rapidly 
as possible, being replaced by silver coins or silver certi¬ 
ficates. 

(3) Greenbacks when paid into the treasury are not to 
be reissued except for gold; and a special gold reserve of 
$150,000,000 is to be maintained for their redemption. 
If necessary to maintain the gold reserve, short-time gold 
bonds bearing not over three per cent interest may be 
issued and sold to make up the deficiency in the reserve. 

(4) New regulations are introduced with reference to the 
various forms of paper money, such as that gold certi¬ 
ficates shall not be issued in smaller amounts than twenty 
dollars each, while silver certificates are to be issued only 
in denominations of ten dollars or less. 

444 . Paper Currency. Paper currency is of two kinds, 
bank notes and government paper money. The discussion 
of bank currency involves a brief study of the institutions 


* In 1890, 6,749,306 ounces of gold were produced valued at $118,848,700; in 1897. 
11,420,068 ounces valued at $236,073,700. 


COINAGE AND CURRENCY 


369 


by which such currency has been issued — the two United 
States banks, the State banks, and the existing national 
banks. Government paper money will be discussed under 
two heads, treasury notes and legal-tender notes. 

445 . First United States Bank. Hamilton’s financial 
measures included the organization of a bank modeled on 
the Bank of England, in which the federal gov- Advantages 
ernment should be interested as a partner. The of a federal 
chief advantages claimed for such an institution 

were that it would afford a market for government bonds, 
and aid the Treasury by making loans; that it would afford 
a safe depository for government funds; and that its note 
issues would furnish the country with a uniform and stable 
paper currency. The bank project was vigorously opposed 
on constitutional as well as economic grounds by Jefferson, 
Madison, and Randolph, but the act granting the charter 
became law in 1791.^ 

The bank was prosperous and successful, paying eight 
per cent dividends from the start; and the assistance which 
it rendered to the Treasury was fully as great as had been 
anticipated. However, when its charter expired in 1811, 
the bill for renewal was defeated in Congress by a close 
vote, the partisans of the State banks being aided in their 
opposition by those who believed a federal bank unconsti¬ 
tutional. 

446 . Second United States Bank. The close of the War 
of 1812 found the currency in confusion. The State banks 
outside of Massachusetts had suspended specie Reason for 
payments, and had issued bank notes in excessive 
amounts. A second United States Bank was pro¬ 
posed as a means of supplying financial resources to an 
embarrassed Treasury, and restoring the national currency 

1 The charter provided for a capital stock of ten millions, of which one fifth was to be 
subscribed by the government (the government subscription being loaned by the bank). 
Of the remainder of the capital, one fourth was to be payable in specie, and three fourths 
in government bonds bearing six per cent interest. The bank could issue notes to an amount 
which should not exceed the deposits by over ten millions, and these notes were receivable 
in payment of all debts due the United States. 


370 


GOVERNMENT AND POLITICS 


to a specie basis. Accordingly in 1816 Congress chartered 
a second United States Bank for a period of twenty years, 
following substantially the plan of the first bank. 

The central bank was located at Philadelphia, and in 
time twenty-five branches were established. The affairs 
of the bank were grossly mismanaged during the first two 
years of its existence; and although sound business prin¬ 
ciples prevailed later, the success of the first United States 
Bank was only in part duplicated. The institution aroused 
the hostility of the State banks, and eventually incurred 
the enmity of President Jackson, whose famous war on the 
bank (1832-1836) prevented the renewal of its charter. 

447 . Constitutionality of a Federal Bank. The question 

of constitutionality was settled by the Supreme Court in 
McCulloch the celebrated case of McCulloch v. Maryland 
V. Maryland 1 Maryland branch of the bank re¬ 

fused to pay the tax upon its circulating notes imposed by 
the Maryland legislature, whereupon the State commenced 
suit against the cashier, McCulloch, to recover the amount 
of the tax. The opinion of the court, written by Chief- 
Justice Marshall, is one of the ablest and most celebrated 
expositions of the fundamental powers of the federal gov¬ 
ernment. The two points decided in this case are: ( 1 ) Under 
the Constitution, Congress has the power to charter a 
United States Bank, this being a necessary and proper 
instrument for carrying on the fiscal operations of govern¬ 
ment. ( 2 ) A State cannot tax such a bank or its branches, 
since the bank is an instrument employed by the federal 
government in the execution of its powers, and such an 
agency is exempt from State taxation.^ 

448 . State Banks. Much of the opposition to the first 

» 4 Wheat. 816; Thayer’s Cases, i, 271; ii, 1340. 

* “ If the States may tax one instrument, employed by the government in the execution 
of its powers, they may tax any and every other instrument. They may tax the mail; they 
may tax the mint; they may tax patent rights; they may tax the papers of the customs 
house; they may tax judicial process; they may tax all the means employed by the govern¬ 
ment, to an excess which would defeat all the ends of government. This was not intended 
by the people. They did not design to make their government dependent on the States.” —' 
4 Wheaton, 316; Thayer’s Cases, n, 1344. 


COINAGE AND CURRENCY 371 

and second United States Banks came from the banks 
chartered by the various States. Three such character- 
institutions existed when the new government 
was established; in 1815 there were 208; and during the 
period from 1829-1837, the number increased from 329 
to 788, while the volume of note issues and loans more than 
trebled. The character of the State banks varied greatly, 
depending upon the conditions imposed by the State grant¬ 
ing the charter, and upon the surplus capital available in 
the particular community. Some were “ mere batches of 
paper money ” without property or resources; others, 
especially in New York and New England, were carefully 
regulated and prudently managed. 

The chief defects of the State banks were the excessive 
issues of notes, and the making of loans on inadequate se¬ 
curity. Note issues were sometimes based upon state bank 
the bank’s assets (which frequently amounted 
to nothing at all); or were protected by a general safety 
fund; or were based upon the faith and credit of the State 
granting the charter. The notes generally circulated at a 
discount ranging from ten to fifty per cent, and ware of 
such uncertain value that this form of money became 
known as “ wildcat currency.” ^ 

In 1865, to strengthen the newly established national 
banking system. Congress laid a tax of ten per cent on the 
issue of notes by State banks, thereby taxing state bank 
these notes out of existence. Many State banks notes^eiim- 
still exist, performing the banking functions of 
deposit and discount; but they cannot afford to issue notes 
because of the federal tax. 

449 . The National Banks. During the Civil War, the 
imperious necessity of finding a market for United Estabiish- 
States bonds, together with the recognized evils 
of the State bank currency, led to the establishment of 

- In January, 1862, the outstanding notes of the State banks amounted to $184,000,000, 
and this amount was expressed in about 7000 varieties of notes issued by 1496 different 
banks (not counting 5500 varieties of fraudulent notes). 


372 


GOVERNMENT AND POLITICS 


a system of national banks (February, 1863). In 1864 the 
law was largely recast, and (with later minor changes), the 
national banking system as it exists to-day was created. 

Besides the usual banking functions of deposit and dis¬ 
count, national banks perform three important public func- 
Pubiic tions: (1) that of affording a market for United 
functions States bonds, ( 2 ) providing a paper currency of 
uniform and stable value, and (3) serving as depositories 
for public money. 

( 1 ) Organizers of a national bank (not less than five in 

number) are required to invest at least one fourth of the 
Market capital of the bank in United States bonds, which 
for bonds deposited with the comptroller of the 

currency at Washington. The minimum capital depends 
upon the size of the city, and ranges from $25,000 in places 
of less than 3000 inhabitants to $200,000 in cities of over 
50,000. 

( 2 ) The second public function of national banks is that 
of issuing notes. Every bank is entitled to receive from the 
Note Issues comptroller national bank-notes equal in amount 

to the par value of the bonds deposited. By 
depositing additional bonds, banks may increase their note 
issues as business conditions require (not, however, in ex¬ 
cess of their capital stock). The notes issued are not legal 
tender, but they circulate throughout the country at par 
because their ultimate redemption is guaranteed by the 
deposit of United States bonds. 

(3) The third public function is that of serving as de¬ 
positories for government funds. When government 
PubUc funds are thus deposited, the banks are required 
depositories furnish satisfactory security by the deposit of 
United States or other bonds with the Treasury Department. 

450 . Custody of the Public Funds. During the existence 
Early public of the first and second United States Banks, 
depositories ^^lese institutions had served as public deposi¬ 
tories; in the interval between the two banks (1811- 


COINAGE AND CURRENCY 


373 


1816), the government used the State banks as deposi¬ 
tories, as it did in 1834 when the Secretary of the Treasury 
withdrew the government deposits from the United States 
Bank. 

In 1840, an act was passed establishing the independent 
treasury system. Under this plan, the public funds were 
kept in the vaults of the treasury at Washing- independ- 
ton, or in the nine sub-treasuries located in vari- 
ous cities.^ The drawback of the independent treasury 
system was that it involved the withdrawal of large sums 
of money from circulation, thereby causing spasmodic 
fluctuations in prices and derangement of the money mar¬ 
ket. With the establishment of our system of national 
banks, and later, by creating the federal reserve and farm 
loan banks, this objectionable feature was done away with.^ 
Only a part of the public funds are now kept in the treasury 
and sub-treasuries; and the Secretary of the Treasury, at 
his discretion, may deposit the public funds with the na¬ 
tional banks, or with the federal reserve or farm loan banks, 
so that these funds become available in meeting the busi¬ 
ness needs of the country. 

451 . Government Paper Money. Bank notes constitute 

one great class of paper currency; the other is government 

paper money. The first issue of this form of 

money under the constitution was during the during war 

- of 1812 

War of 1812, when treasury notes to the amount 
of $36,680,794 were issued (1812-1815). These notes were 
not legal tender, but were receivable for taxes and public 
dues. The greater part was in denominations of not less 
than twenty dollars, bearing interest at five and two-thirds 
per cent. These notes remained at par in specie until the 
banks suspended specie payments (1814). 

The panic of 1837 led to a second issue of treasury notes, 

1 Namely, Baltimore, Boston, Chicago, Cincinnati, New Orleans, New York, Philadel¬ 
phia, St. Louis, and San Francisco. Each sub-treasury is in charge of an assistant treasurer 
of the United States. 

* See Section 454. 


374 


GOVERNMENT AND POLITICS 


the total issues from 1837 to 1843 amounting to $47,002,900. 

, , A third issue of such notes occurred during the 

Later issues , . x 

Mexican War (1846-1848). 

During the Civil War, a large variety of interest-bear¬ 
ing notes was issued, including one and two-year notes. 
Short-time compound interest notes, and certificates of de- 
loans oi posit, amounting in all to $1,098,000,000. These 
issues, like the earlier ones, were not legal tender, 
and were really certificates of indebtedness issued to secure 
short-time voluntary loans. 

452 . Legal-Tender United States Notes. On Febru¬ 
ary 25, 1862, an act was passed authorizing the issue of a 
Three Is- different sort of currency—namely, $150,000,- 
000 of legal-tender United States notes, in de- 
nominations of not less than five dollars. The 
notes authorized were to be a legal tender for all public and 
private debts, except duties on imports and interest on 
United States bonds and securities. ^ Inasmuch as the notes 
were not redeemable in specie, they virtually constituted a 
forced loan to the government. Shortly afterwards, a sec¬ 
ond act was passed (July 11 , 1862), authorizing the issue 
of another $150,000,000. By acts of January 17, 1863, and 
March 3, 1863, a third issue of $150,000,000 was author¬ 
ized. Thus the legal-tender acts authorized a total of $450,- 
000,000 in notes, of which amount $431,000,000 was actu¬ 
ally outstanding on June 30, 1864. 

The issue of these non-interest-bearing legal-tender notes 

constitutes a landmark in our financial history, for it was 

Controversy attempt under the constitution to create 

over legal fiat money — that is, paper currency not based 
tender ro^es . in. . . 

upon com or bullion, containing no promise to 
pay coin, and therefore not convertible. The opponents of 
the measure urged the unconstitutionality of such action, 
and the economic disasters which would surely follow. On 


^ Interest on securities was made payable in coin in order to sustain the government 
credit; and duties on imports were payable in coin in order that the government might have 
specie with which to pay the interest. 


COINAGE AND CURRENCY 


375 


Contraction 


the other hand, the issue of legal tenders was declared ne¬ 
cessary and justifiable by reason of public exigency — the 
necessity of meeting immediate government obligations, 
and of providing money for the purchase of bonds. 

The greenbacks fluctuated greatly in value, falling to 
thirty-nine cents on the dollar in July, 1864. The chief 
results of the depreciation were the rise of prices Deprecia- 
of commodities, and the fluctuating premiums on 
gold. Prices more than doubled from 1860 to 1865, while 
money wages only increased about forty-three per cent. 
Hence the heavy burden of inflation rested upon the labor¬ 
ers of the country, since wages and salaries did not rise in 
proportion to prices.^ 

After the war the volume of greenbacks was gradually 
decreased, but yielding to popular opposition. Congress in 
1878 ordered that there should be no further con¬ 
traction of the greenbacks, and that when paid 
into the treasury these notes should be reissued. Since this 
legislation has not been repealed, the amount of legal- 
tender notes then outstanding, $346,681,016, is still current. 

453 . Resumption of Specie Payments. Not until Janu¬ 
ary 14, 1875, did Congress enact legislation looking toward 
a resumption of specie payments. On that date Rggnmpuon 
an act was passed, providing for resumption on 
January 1 , 1879. The Secretary of the Treasury was au¬ 
thorized to use the surplus specie in the treasury for this 
purpose, and if necessary to obtain additional gold through 
the sale of bonds. On becoming Secretary of the Treasury 
in 1877, Sherman commenced the accumulation of a gold 
reserve; and on January 1,1879, he had accumulated $133,- 
000,000 in coin ($95,500,000 through the sale of bonds). 
Slowly but gradually the value of the greenbacks rose 
toward parity with gold; and on December 17, 1878, they 
were quoted at par. 


» The increased cost of the war to the government owing to the issue of paper money has 
been estimated at from $500,000,000 to $600,000,000; but this amount is small in compari¬ 
son with the burden upon the people by inflated prices. 


376 


GOVERNMENT AND POLITICS 


454 . The Federal Reserve Act. In 1913, Congress 
passed the important currency measure known as the 
„ “ Federal Reserve Act.” The object of this act 

was to make our currency system more elastic, 
and our banking system more responsive to the needs of 
trade. For example, if more money is needed to meet busi¬ 
ness conditions, this law permits the issue of currency in 
the form of federal reserve notes. These are secured by 
short-time commercial paper, and are withdrawn from 
circulation when no longer needed. 

The act creates a central managing board at Washing¬ 
ton, known as the “ Federal Reserve Board.” This con- 
FederaiRe- sists of seven members, including the Secretary 
serve Board Treasury, the Comptroller of the Currency, 

and five members appointed by the President. This board 
has general supervision over our national banking system. 
The entire United States is divided into twelve federal 
reserve districts. In each of these a chief city is selected 
as a banking center; for example. New York, Chicago, St. 
Louis, San Francisco, and Cleveland are the centers for 
their respective districts. 

To understand the working of the measure, let us take 
the federal reserve bank located at Cleveland as an exam- 
Pederai Re- pie. This is the reserve bank for District No. 4, 
serve Banks comprising the State of Ohio, western Pennsyl¬ 
vania, eastern Kentucky, and the panhandle of West Vir¬ 
ginia. All national banks in this district are members of 
the system, each membership bank having subscribed to 
the stock of the federal reserve bank.^ The Cleveland Re¬ 
serve Bank is managed by a board of nine directors, three 
of whom are chosen by the Federal Reserve Board at Wash¬ 
ington, and six by the membership banks of the district. 
The Cleveland Reserve Bank holds a part of the reserves 
of its membership banks, and exercises other important 
banking functions. 

' State banks may join the system upon their own application. 


COINAGE AND CURRENCY 


377 


Let us suppose that for some reason, such as the moving 
of crops, a large amount of money is needed temporarily 
in the Cleveland district. This can be supplied Howthe 
in several ways. The Secretary of the Treasury, system aids 
acting with the Federal Reserve Board at Wash¬ 
ington, may transfer additional deposits from unused money 
in the Treasury. Or the Federal Reserve Board may make 
temporary transfer to Cleveland of surplus reserve funds 
in the federal reserve bank at Chicago, or the one at New 
York. 

Most important of all, the reserve bank at Cleveland is 
authorized to rediscount commercial paper, and to supply 
its membership banks with currency to be loaned provision 
to their customers upon such paper. In other loraneias- 
words, the reserve bank accepts from its mem- 
bership banks the collateral on which they have made loans, 
and issues to them notes or currency in exchange for this 
collateral.^ Provision is made for the withdrawal of this 
extra currency when the need for it has been met, so that 
there may not be a permanent inflation of the outstanding 
volume of circulating notes. In this way, a discount market 
is created which makes the bills and notes that are given 
and taken in ordinary business readily translatable into cash. 

The new system enables the banking power of the United 
States to be used as a whole in times of emergency, very 
much as if there were one central bank with 
branches throughout the country. The scattered our banking 
reserves of thousands of heretofore independent 
banks are mobilized, and made mutually available for one 
another. Moreover, the government no longer deposits its 
surplus funds in ordinary banks, or lets them lie unused in 
the vaults of sub-treasuries; but rather, places them in the 
federal reserve banks, subject to the supervision of the 
Federal Reserve Board at Washington. 


1 The notes issued in this way are redeemable in gold at the Treasury of the United 
States, or in gold or lawful money at any federal reserve bank. 


378 


GOVERNMENT AND POLITICS 


Besides reforming our national banking system, the new 
currency law extends the aid of that system to fields hither- 
Aidto to untouched. We have seen that the act pro- 
and^foreign vides credit facilities for agriculture, recognizing 
commerce peculiar needs of that industry, and making 

special provision for them. It also lends its aid to our rapidly 
growing foreign commerce. With the approval of the Fed¬ 
eral Reserve Board, any national bank with a capital and 
surplus of $1,000,000 may establish foreign branches “ for 
the furtherance of the commerce of the United States.” 


GENERAL REFERENCES 

Ashley, R. L., The American Federal State (1903), ch. xxvi. 

Blackmar, F. W., Economics for High Schools (1907), chs. xxviii-xxix. 

Bullock, C. J., The Monetary History of the United States (1900), pp. 79- 

121 . 

Dewey, D. R., Financial History of the United States (1903). 

Dunbar, C. F., Theory and History of Banking (1893), ch. ix. 

Hart, A. B., Actual Government (1903), pp. 496-499. 

Jevons, W. Stanley, Money and the Mechanism of Exchange. 

McClain, E., Constitutional Law in the United States (1905), ch. xm. 

Walker, F. A., Money in its Relations to Trade and Industry (1899). 

Watson, D. K., History of American Coinage (1899). 

White, H., Money and Banking (1896). 

QUESTIONS AND EXERCISES 

1 . What were Hamilton’s arguments in favor of the establishment of the 

first United States Bank? 

2 . Prepare a report on Jackson’s war on the second United States Bank. 

3. Weigh a five-dollar gold-piece on a druggist’s scales; weigh five silver 
dollars. What is the ratio of these weights? 

4. What is the market or bullion value of an ounce of gold? Of an ounce 
of silver? What is the market ratio between the two metals? How 
does this compare with the ratio found above? 

5. What is the value of the silver in a silver dollar? What makes this 
coin worth one dollar in gold? What is the value of the gold in a five- 
dollar gold-piece? 

6 . How many grains of silver in a half-dollar? Do two silver half-dollars 
contain as much silver as one silver dollar? Why are they worth as 
much? 

7. Examine the last Statistical Abstract, and prepare a table similar to 
that in Section 436, showing the amount of money in the United States. 

8 . From this table calculate the per capita circulation of money in the 
United States. 

9. In what denominations are the different coins and paper money issued 
' by the government? 



COINAGE AND CURRENCY 379 

10 . Bring to class each of the various forms of currency for careful exami¬ 
nation. 

11 . What proportion of the total value of money in the United States is 
in the treasury? 

12 . Explain how the Secretary of the Treasury may use his discretionary 
powers so as to influence the money market. 

13. What percentage of our entire circulation is either gold or gold certi¬ 
ficates? 

14. How does the amount of gold in circulation compare with the amount 
of silver (or silver certificates)? 

15. What relation exists between prices and the amount of money in cir¬ 
culation? How is the amount of currency increased as needed? 

16. Where is gold produced in large quantities? Where are the largest 
silver-mines? What was the total production of each metal last year? 

17. State Gresham’s Law and describe its operation. 

18. What sections of the country and what classes of the population have 
generally favored cheap money? Why is this? 

19. Prepare a report upon the free-silver issue in the campaign of’'1896. 

20 . Prepare a report upon the three issues of United States notes during 
the Civil War. 

21 . What is the essential difference between United States notes or “green¬ 
backs,” and other forms of paper money? 

22 . Explain the causes of the fluctuations in value of United States notes 
during the period 1862-1879. 

23. What do you understand by the resumption of specie payments? 

24. Prepare a brief report upon the Legal-Tender decisions. 

25. May the United States make its notes legal tender to individuals but 
not to the government? 

26. From your examination of a United States note, answer the following: 
(a) In what year did Congress authorize its issue? (b) Is it a legal 
tender? (c) Penalty for counterfeiting it? (d) What did the words 
“will pay the bearer five dollars” mean when the note was issued? 
(e) What do these words mean now? 

27. Would it have been better if the framers of the constitution had in¬ 
serted a prohibition of the issue of legal-tender paper money? What 
danger is there in permitting Congress to exercise this power? 

28. May Congress give the national banks a monopoly of the banking 
business? 

29. May a State government levy a tax upon a national bank, or its stock? 

30. Name the national banks in your city. What is the capital of each? 
Why does the public ordinarily have entire confidence in their manage¬ 
ment? 

31. Are national-bank notes legal tender? May Congress make national- 
bank notes legal tender? 

32. Name the banks in your city that are members of the Federal Reserve 
System. 

33 . Name several State banks in your city. What functions do these 
banks exercise? What function possessed by the national banks do 
they lack? 

34 . W^hat forms of credit are largely employed as a substitute for money? 


CHAPTER XXXI 


COMMERCIAL FUNCTIONS 

455 . Commerce under the Confederation. The consti¬ 
tution has been called “ the child of pressing commercial 
Regulation necessity and unquestionably the demoralized 
bythesev- condition of commerce under the Confederation 

was a potent factor in securing its adoption. 
Under the Articles of Confederation, power to regulate com¬ 
merce had been reserved to the several States; and accord¬ 
ingly each commonwealth imposed its own restrictions 
upon goods imported from other States or from foreign 
countries. Hence each commonwealth competed with all 
the others in foreign and interstate trade, and each sought 
by reduced duties or more favorable navigation laws to 
increase its trade at the expense of sister States. 

456 . Commerce under the Constitution. The constitu¬ 

tion vests in Congress the power “ to regulate commerce 
Oonsu- foreign nations and among the several States, 

tutionai and with the Indian tribes.” ^ Under this pro¬ 
vision, each State retains control of the commerce 

wholly within its boundaries; and only when commerce 
passes beyond State boundaries to another State or foreign 
country does it become subject to federal control.^ 

The term “ commerce ” as used in the constitution has 
Definition been broadly construed by the Supreme Court, 
ofoonmeroe includes traffic, or the purchase and sale of 
goods, and also navigation and intercourse whether by land 

1 Constitution, Art. i, Sec. 8, Par. 3. 

2 The authority of Congress over foreign and interstate commerce is subject to two con¬ 
stitutional limitations; (1) no tax or duty may be levied on articles exported from any State; 
and (2) no preference may be given, by commercial or revenue regulations, to the ports of 
one State over those of another. 


COMMERCIAL FUNCTIONS 


381 


or water, together with all the means or agencies by which 
such intercourse is carried on. Transportation of persons, 
as well as freight, is included within the term. ^ The control 
of foreign commerce by Congress has been exercised chiefly 
with reference to three subjects — navigation, the tariff, 
and immigration. 

457 . Navigation. Congress regulates navigation be¬ 
tween this country and foreign nations, and between the 
States of the Union. Even navigation upon a Federal 
stream wholly within the boundaries of a single 
State is subject to federal regulation, provided the. stream 
by uniting with other waters forms part of “ a continued 
highway over which commerce is or may be carried on with 
other States or foreign countries.” ^ 

In this connection. Congress has established rules of 
navigation, including the law of the road at sea, and the 
marine system of lights and signals. Congress Rules of 
has also passed laws relating to the government of 
seamen on American ships; defining the liability of ship¬ 
owners; establishing port and quarantine regulations; ^ re¬ 
quiring the employment of licensed pilots; providing for 
coast surveys, lighthouses, buoys, life-saving stations, and 
for the improvement of rivers and harbors. 

Especially important are the acts relating to the registry 
of ships. Vessels that are registered as American are en¬ 
titled to the protection of this government in 
any part of the world, and have other important 
privileges. Only American vessels can engage in the coast¬ 
ing trade, a term which includes trade with our insular 
possessions. Tonnage duties (taxes upon the carrying capac¬ 
ity of the ship estimated in tons) are levied upon both 

1 The power of Congress is not limited to the condition of commerce as it existed when 
the constitution was formed; but the grant is in terms broad enough to enable federal con¬ 
trol to keep pace with the progress of the country. Hence, as new agencies of commerce 
have been created, such as railroads, pipe-lines, telegraph and telephone systems, the federal 
authority has expanded to include them in its scope. 

* The Daniell Hall, 10 Wall. 557, 563. 

• For example, certain ports are designated as ports of entry for the collection of customs, 
and at these ports all vessels are required to enter and clear. 


382 


GOVERNMENT AND POLITICS 


American and foreign vessels; but double duties are levied 
upon foreign vessels built in this country. 

458 . The Problem of Shipping in the World War. At 
the beginning of our war with Germany, less than one 
Our lack of ^f our foreign commerce w^ carried in 

shipping In American ships. Although our merchant marine 
totaled 8,600,000 tons, four millions of this ton¬ 
nage consisted of coastwise vessels, and three millions of 
vessels that plied the Great Lakes. We had, therefore, 
less than two million tons of shipping of size and strength 
practicable for transatlantic sailing. It was this kind of 
shipping which the country had to produce in order to 
meet the Kaiser’s challenge. At this time, moreover, Ger¬ 
man submarines were destroying our vessels and those of 
our allies at the rate of 500,000 tons a month. Unless our 
shipyards could build many new ships and build them 
quickly, we could not hope to win the war. The best that 
our shipyards had done up to this time was in the year 
1908, when 442,000 tons of steam shipping were produced. 
This was far above the average, since for a decade our 
annual production ranged from 125,000 to 250,000 tons. 

Soon after om* declaration of war. Congress authorized 
the expenditure of over one billion dollars for the construc- 
Creating a ^ great merchant fleet, and the Shipping 

ohanrSoet organized to take charge of the work 

of construction. The problem of the Shipping 
Board was to build merchant vessels at the rate of 5 , 000 ,- 
000 tons a year, which was about twenty times our annual 
output before 1914. This meant that our steel mills had 
to roll plates on a scale hitherto unknown; our makers of 
boilers and turbine engines had to multiply their output 
by ten; existing shipyards must triple and quadruple their 
facilities almost overnight, and many new plants must be 
built. After considerable delay owing to differences of 
opinion as to the kind of ships to be built, the Shipping 
Board adopted a definite program for the construction of 


COMMERCIAL FUNCTIONS 


383 


steel ships. The total tonnage now under construction or 
authorized by Congress aggregates 10,600,000 tons, the 
completion of which will probably require from two to three 
years. With the American shipping already afloat, this 
program should assure us a merchant fleet aggregating 
15,000,000 tons. The United States will then regain the 
position held prior to the Civil War, when this country was 
one of the great carrying nations of the world. The World 
War has clearly demonstrated that both for military and 
economic reasons, it is undesirable to have our commerce 
with other countries carried chiefly in foreign ships. 

459 . River and Harbor Improvements. The improve¬ 
ment of waterways is one of the most important means of 
aiding navigation, and for this purpose the fed- improve- 
eral government spends annually many millions. 0 * 
Since 1822 about $450,000,000 has been thus ap- 
propriated, the expenditures being authorized by “ river 
and harbor ” bills, usually passed biennially. The great 
defect of river and harbor legislation is that many unim¬ 
portant improvements are undertaken in order to appease 
local interests and thus gain the necessary support of mem¬ 
bers — an evil so great that the river and harbor bill has 
been facetiously dubbed the “ pork barrel.” 

Extensive harbor improvements have been carried out, 
such as the construction of breakwaters and piers at Chi¬ 
cago, Cleveland, Buffalo, and Milwaukee; and Harbor im- 
vast sums are expended annually for the deepen- 
ing of harbors, principally by dredging. Expensive works 
have been constructed on the Mississippi and Missouri rivers 
to secure deep water by conflning the channel between 
walls, and a jetty system has been created at the mouth 
of the Mississippi and other Gulf ports. Levees or arti¬ 
ficial dikes have also been constructed on a large scale, 
especially along the Mississippi.^ All river and harbor 

^ The federal government has spent $130,000,000 on the Mississippi and its tributarief 
since the Civil War. 


384 


GOVERNMENT AND POLITICS 


improvements undertaken by the federal government are 
carried on under the direction of the Secretary of War, 
aided by engineers of the United States Army. 

The Panama Canal at the southern extremity of North 
America is the greatest project yet undertaken by the 
Panama United States for the promotion of commerce. 
Canal canal is fifty miles in length, from deep water 

in the Caribbean Sea to deep water in the Pacific Ocean. 
Constructed under the direction of the Department of 
War, it was opened to commerce in August, 1914. 

460 . Tariff Duties. A system of tariff duties constitutes 
one of the principal means by which the United States, 
Revenue in common with many other countries, seeks to 
tariff regulate commerce. Tariff duties include both 
import and export duties, but the latter are forbidden under 
our constitution, and are no longer levied by any impor¬ 
tant country. Import duties are sometimes levied solely 
to secure revenue for the government, in which case only 
commodities that do not compete with domestic products 
are taxed. This system of duties is called a revenue tariff, 
and prevails in Great Britain, Holland, Belgium, and a few 
other countries. 

More often import duties are levied so as to restrict 
foreign competition in the interest of home producers. 
Protective being laid upon commodities which compete with 
tariffs domestic products. This system of duties is 
called protective, and prevails in the United States and in 
many other countries. In the United States the tariff ques¬ 
tion has frequently been an issue in political campaigns, 
and has been widely discussed by writers upon economics. 

461 . Tariff History of the United States. Our tariff 
history may be divided into four periods: the first extend¬ 
ing from 1789 to 1816; the second from 1816 to 1842; the 
third from 1842 to 1860; and the fourth from 1860 to the 
present time. 

The first period (1789-1816) was one of revenue tariffs. 




(.Hy cuwHi^g ~qf the Isthmian Canal Cornmisston'l 

OPENING OF THE PANAMA CANAL 
S.S. Ancon in the 'NYest Chamber, Gatun middle locks, August 15. 1914. 



{By courtesy of the Isthmian Canal Commission} 


OPENING OF THE PANAMA CANAL 
S.S. Ancon on Gatun Lake, August 15, 1914 


















COMMERCIAL FUNCTIONS 


385 


which in some instances afforded incidental protection. 
The second period (1816-1842) is marked by the jjariy tariffs 
inauguration of the protective policy, and by 
bitter political controversy upon this question. By the 
tariff act of 1816 duties were placed upon iron and textile 
manufactures in order to protect the new industries which 
had sprung up during the War of 1812 against the compe¬ 
tition of Great Britain’s long established industries. 

The development of these manufactures — chiefly in 
New England and Pennsylvania — gradually made this 
region the stronghold of the protective move- secUonai 
ment. The agricultural States of the West were 
won over to the policy of protection through the argument 
that the growth of manufacturing centers is essential to 
afford a stable market for the sale of agricultural products. 
The South, on the other hand, bitterly opposed protection, 
on the ground that the tariff increased the price of the 
manufactured articles for which its staple — cotton — 
was exchanged. Southern opposition to the protective 
principle was greatly increased by the so-called “ Tariff of 
Abominations ” (1828); and in South Carolina this oppo¬ 
sition finally culminated in the famous Nullification Act of 
1832. The following year a compromise tariff act was 
passed, providing for a biennial reduction in rates until 
in 1842 a level of twenty per cent should be reached. 

The third period (1842-1860) is marked by the preva¬ 
lence of low rates, especially under the Walker Act of 1846, 
and the tariff of 1857, which reduced duties to a lower 
point than at any time since the inauguration of the pro¬ 
tective policy in 1816. 

The fourth period (1861-1910), is characterized by high 
protective tariffs, a policy inaugurated by the Morrill Act 
of 1861. Throughout the Civil War, the impera- civil war 
tive need for revenue, together with the desire 
to offset the heavy internal revenue taxes on manufactures, 
led to repeated tariff enactments, each increasing the rate 


386 


GOVERNMENT AND POLITICS 


of duties. After the war most of the internal revenue taxes 
were repealed, but the high protective duties remained, and 
became the permanent economic policy of the country. 

In the campaign of 1888 the tariff was one of the prin¬ 
cipal issues. The success of the Republicans in the election 
McKinley led to the enactment of the McKinley Tariff Act 
of 1890, a measure which further extended the 
protective principle, increasing rates to a point higher than 
the war tariffs. By one provision of this act, the Presi¬ 
dent was empowered to impose duties upon certain com¬ 
modities, such as sugar, molasses, tea, coffee, and hides, 
provided any country exporting these commodities placed 
discriminating duties upon products of the United States. 

The victory of the Democratic party in the campaign of 
1892 led to a partial reversal of the protective policy in the 
Wilson Wilson Tariff Act of 1894. The act as originally 
passed by the House made substantial reduc¬ 
tions in the rates, and placed many raw materials on the 
free list. As amended by the Senate and finally accepted by 
both houses, rates were still reduced, but the measure on 
the whole was protective. The most important provisions 
of the act were those placing lumber and wool on the free 
list, and providing for an income tax to offset the antici¬ 
pated reduction in revenue. 

This measure was replaced in 1897 by the strongly pro¬ 
tective tariff known as the Dingley Act, enacted by a Re- 
Dingiey publican administration. The general purpose 
tariif measure was to restore the rates of the 

McKinley Act of 1890, but in some cases even higher duties 
were imposed. 

In response to a widespread demand for a revision of 
duties, the Payne-Aldrich Tariff Act was enacted by a Re- 
Payne- publican Congress in 1909. This measure proved 

Aldrich a disappointment to those who desired substan- 

tarilf . , , . . . ^ 

tial reductions m tariff rates, since it continued 
the policy of high protective duties. 


COMMERCIAL FUNCTIONS 


387 


In 1913, the Underwood Tariff Act was passed by a 
Democratic Congress. Material reductions in tariff rates 
were made by this law, and many important commodities, 
including sugar and other food products, were underwood 
placed on the free list. An income tax law was 
passed to offset the anticipated loss of revenue. 

462. Arguments for Free Trade or a Revenue Tariff. 
The term “ free trade ” as commonly used does not de¬ 
note trade free from all restrictions, but rather Meaning of 
trade which is not restricted by any duties ex- 
cept those essential for the purpose of revenue. In other 
words “ free trade ” is ordinarily used in the sense of “ tariff 
for revenue,” as distinguished from the system of protec¬ 
tive duties. 

The principal arguments urged by those who advocate 
free trade, or a revenue tariff, are as follows: — 

(1) The arguments in favor of division of labor as between 
individuals apply with equal force to a territorial division 
of labor. Just as individuals find advantage in Territorial 
following occupations for which they are espe- division oi 
cially adapted, so different countries, because of 
diversity in climate, soil, and natural resources, will profit 
by devoting their capital and labor to the industries for 
which nature has especially adapted them. Freedom of 
exchange facilitates this territorial division of labor by per¬ 
mitting each country to employ its labor and capital in the 
most productive manner; and the products obtained under 
these favorable conditions may then be freely exchanged 
for goods which can be more advantageously produced by 
other countries. 

(2) A protective system, on the contrary, diverts labor 

and capital from unprotected to protected Indus- protection 

tries. But the fact that the protected industry stimulates 

less 

needs artificial encouragement proves that it is productive 
relatively less productive; hence, such a diversion 
of labor and capital means curtailed production and eco- 


388 


GOVERNMENT AND POLITICS 


nomic waste, since it compels the community to resort to 
more difl&cult and costly conditions of production. 

(3) Moreover, if the protective policy is consistently 

Protection followed, tariff rates must be changed to conform 
frequent changing industrial conditions. Frequent re- 

revision vision of tariff schedules creates unstable condi 
tions of trade and commerce, resulting in economic loss. 

(4) Protection is also attacked as having encouraged the 
Protection formation of trusts by enabling large combina- 
favors tions of capital to secure a monopoly of the 

domestic market. World-wide competition, on 
the other hand, would make such monopolies difficult, if 
not impossible. 

(5) Freedom of trade between the various States of the 
Analogy Union is admitted by protectionists themselves 
staS trade ^ unmixed good, notwithstanding the 

States differ greatly in soil, climate, and rates of 
wages; and the same argument applies with equal force to 
foreign trade, which, it is claimed, does not differ in prin¬ 
ciple from domestic trade. 

( 6 ) Again, protection is criticised on fiscal grounds. Since 

duties are not levied primarily with reference to revenue, 
Fiscal income derived by the government bears no 

objections to direct relation to financial needs. A large surplus 
protection . . pit , ^ 

invites wasteiul and extravagant public expendi¬ 
tures; but the protective principle and the industrial dan¬ 
ger from frequent changes in tariff schedules tend to 
prevent a reduction in duties, even when these are clearly 
excessive. 

(7) Protection is condemned on political grounds, since 

Political its tendency is to invite lobbying and corruption 
objections those interested in the special ad¬ 

vantages which it gives to certain favored industries. 

463 . Arguments for Protection. The chief arguments 
urged in behalf of protection are as follows: — 

( 1 ) Diversification of industry is essential to the highest 


COMMERCIAL FUNCTIONS 


m 


development of a country, and protective duties induce 
the establishment of industries which otherwise Diversifica- 
would not be undertaken because of the marked tionoi 
advantages possessed by foreign producers in 
long established industries. Under the shield of the pro¬ 
tective duty the infant industry may be established, and 
the burden to the consumer caused by the duty is ultimately 
more than compensated by the permanent creation of a 
profitable industry. From this point of view, protection 
is a temporary policy, necessary only until the new indus- 
vries are firmly established, after which they may be able 
to compete with foreign industries without the advantage 
afforded by the tariff. 

(2) The “ home market ” argument was advanced by 
Henry Clay in order to reconcile the agricultural class to 
“American system,” as protection was then Homo 
called. Clay urged that the prosperity of the 

farmer depends upon a regular and constant market for his 
agricultural produce, and that such a market can be best 
obtained by upbuilding manufacturing centers within the 
country. Moreover, these home markets demand perish¬ 
able goods as well as agricultural staples, and hence en¬ 
courage the diversified farming which serves to preserve 
the fertility of the soil. 

(3) The wages argument is to-day largely relied on by 
protectionists, who point to the fact that higher wages ar© 
paid in our protected industries than in similar wages 
unprotected industries in other countries. It is 
claimed that a withdrawal of protective duties would lower 
the rate of wages and the standard of living — in short, 
that it would pauperize the laborers in many industries. 

(4) Political and military reasons make it desirable that 
a nation should be able to produce its necessities pouticai 
of life, as well as its own military armaments, and military 
Hence for the sake of industrial self-sufficiency it 

may be advisable for a country to employ a part of its labor 


390 


GOVERNMENT AND POLITICS 


and capital even in the relatively less productive industries 
whose existence is only made possible by protection. 

464 . Immigration. As part of its commercial power, 
Congress may regulate immigration or the coming of for¬ 
eigners to this country for the purpose of residence. Until 
1882 immigration to the United States was free from any 
restriction by federal law.^ In 1882 Congress passed acts 
designed to exclude the pauper, criminal, and insane classes 
of aliens, as well as Chinese laborers; and a few years later 
(1885) the Alien Contract Labor Law was passed. 

Under these and later acts, the classes of aliens debarred 
include idiots, insane persons, paupers or persons likely to 
Glasses become public charges, epileptics and persons suf- 
exciuded fering from contagious disease, criminals, polyga¬ 
mists, anarchists, persons whose passage is paid by an¬ 
other (with certain exceptions), laborers under contract 
made previous to emigration to perform labor or service in 
the United States, and Chinese and Japanese laborers. 

The situation arising as a result of the World War 
clearly revealed the need of additional restrictions until 
Act ot the millions of foreign born persons already here 
should become thoroughly Americanized. The law 
passed by Congress in 1921 limited the number of immigrants 
during the following year to three per cent of the foreign 
born persons of each nationality already in the United 
States. 

Immigrants not qualified to enter are returned at the 
expense of the steamship company bringing them, this 
Adminis- liability continuing for a period of one year after 
immigra- landing. Less than two per cent of the immi- 
Hon laws grants who reach this country are excluded. The 
administration of immigration laws is entrusted to the 
commissioner-general of immigration of the Department of 
Labor. Inspection by United States officials is provided for 


> However, the Alien Act, in force from 1708 to 1801, authorized the President to expel 
from the United States any foreigners deemed dangerous to the peace of the nation. 


COMMERCIAL FUNCTIONS 391 

both at the point of departure and at the port of entry in 
this country. 

465 . General Characteristics of Immigration. Certain 
general characteristics of our immigration are so important 
as to deserve particular notice. Foremost among these is 
the great increase in the number of immigrants. Except 
during two decades, immigration has steadily increased 
since 1820, until ;ust before the present World War, the 
number of annual arrivals approximated one million. 

Even more important than this great increase in numbers 
is the marked change in the character of immigration. 
Formerly the great majority of immigrants came change in 
from countries allied to us in race or language — character 
from Great Britain, Germany, and the Scandinavian coun¬ 
tries; while a very small proportion came from the peoples 
of southern and eastern Europe allied to us by neither lan¬ 
guage nor race, and hence vastly more difificult of assimila¬ 
tion. Thus in the decades before 1880, about ninety per 
cent of our immigrants came from the United Kingdom, 
Germany, and the Scandinavian countries; and only about 
ten per cent from the countries of southern and eastern 
Europe, chiefly Italy, Russia, and Austria-Hungary. In 
the years since 1880, the immigration from southern Europe 
has rapidly increased, while that from northern Europe 
has relatively declined. At the present time western Eu¬ 
rope sends only about eighteen per cent of the total im¬ 
migration, while southern and eastern Europe send nearly 
seventy-six per cent, most of which comes from Austria- 
Hungary, Italy, and Russia. 

With this change in the sources of our immigration, the 
percentage of illiterate immigrants has greatly increased. 
Among Russian immigrants the percentage of il- increase in 
literacy is 28.8 per cent, among the Polish 31.6 per 
cent, the southern Italian 54.5 per cent; while among Ger¬ 
man immigrants it is but 4 per cent, among the English 2 
per cent, and among Scandinavian immigrants less than 1 


392 


GOVERNMENT AND POLITICS 


per cent. The demand for the exclusion of illiterates led 
Congress in 1915 to pass a bill debarring aliens who could 
not read or write English or some other language. The 
measure was vetoed by President Wilson, but was after¬ 
wards passed by Congress over the veto, so that illiterate 
immigrants are now excluded from the United States. 

One of the most serious dangers from immigration arises 
from the tendency of immigrants to concentrate in large 
Concentra- cities, and from their failure to take out naturali- 
tion in cities nation papers and become American citizens. 
This danger was brought home to us at the outbreak of the 
War of 1917, when we discovered that we had millions of 
aliens living in this country, many of whom had no thought 
of allegiance to the United States. About 13 per cent of 
the total population of our country is foreign-born; but in 
the urban communities (cities, towns, villages, and bor¬ 
oughs), 22.6 per cent of the population is foreign-born, 
while in the rest of the country only 7.5 per cent is foreign- 
born. In ten of the larger cities of the United States, the 
number of foreign-born inhabitants is more than one third 
of the total population. This concentration of immigrants 
has not only greatly increased the work of assimilation and 
education, but it has rendered vastly more difficult the 
many other problems which municipal governments must 
solve. Other important social effects of immigration relate 
to crime, pauperism, and insanity. Statistics show that 
of the criminal, pauper, and insane classes, the foreign- 
born furnish a much larger relative percentage than is the 
case with our native-born population. 

466 . Control of Interstate Commerce. As already pointed 
out, interstate as well as foreign commerce is subject to the 
control of Congress. By interstate commerce is meant the 
commerce which passes beyond the boundary of one State 
and enters another. Thus the term includes the transporta¬ 
tion of goods, persons, or intelligence across State lines. 
While the power of Congress over interstate commerce 



{By courtesy of the Commissioner of Immioratioi.) 

UNITED STATES IMMIGRANT STATION 
Ellis Island, New York Harbor, 



REGISTRY FLOOR, ELLIS ISLAND IMMIGRANT STATION 
Sbowintr the spaces in which the immigrants await examination before admission. 







































THE CUSTOM HOUSE AT NEW YORK CITY 
One of the newest custom house buildings. 



THE CUSTOM HOUSE AT PHILADELPHIA 
An example of the architecture of the older buildings of this sort. 








































COMMERCIAL FUNCTIONS 


m 


IS complete, it is not exclusive as in the case of foreign com^ 
merce. Interstate commerce may be affected by pederai 
police regulations adopted by the States, such as control not 
quarantine and inspection laws, designed to pre- 
vent the introduction of persons or animals suffering from 
contagious or infectious disease. In order that State regu¬ 
lations affecting interstate commerce may be valid, two 
conditions are essential. First, the subject must be local 
in its nature, and one which can be best regulated by special 
provisions adapted to localities. Second, State regulations 
even upon local subjects are invalid if the subject-matter 
has been covered by federal legislation — since in matters 
of interstate commerce, the police regulations of Congress 
are of paramount authority. 

467 . Instruments of Interstate Commerce. One of the 
most important means of promoting interstate commerce 
is the postal system, an exclusive monopoly of postal 
the federal government. The control of Congress 
over the postal service is based, not upon its power to regu¬ 
late commerce, but upon its constitutional authority “ to 
establish post offices and post roads.” ^ Congress also has 
constitutional authority to make a government monopoly 
of other means of transmitting intelligence, such as the 
telegraph and telephone systems — an authority that was 
exercised in 1918 when the government took charge of the 
wire service of the country as a war measure. 

Money has been called the mechanism of exchange, and 
it is unquestionably one of the most important instruments 
of commerce. As we have seen, the federal govern- 
ment has entire control of the circulating medium, 
including the right to coin money, to establish a standard 
of value, and to declare what money shall be legal tender. 

Furthermore, the power of Congress to provide a currency 
and to borrow money has been held to warrant National 
the establishment of our system of national banks. 


* ConttUiUion, Art. i. Sec. 8, Par. 7. 


394 


GOVERNMENT AND POLITICS 


and meas 
ures 


The constitution vests in Congress power to fix the stand¬ 
ard of weights and measures,^ recognizing the importance 
Weights commerce of a uniform system. The adoption 
by all the States of the old English standards of 
weights and measures has partly obviated the 
need of congressional legislation. Up to the present time 
Congress has done little in the execution of this power, 
except to make permissive but not obligatory the use of 
the metric system.^ 

The power of Congress to establish uniform rules on 
the subject of bankruptcies throughout the United States,” * 
Bankruptcy affects commerce to an important extent. The 
object of a bankruptcy law is to provide a judi¬ 
cial process whereby a person who cannot pay all his debts 
may divide his property proportionately among his credi¬ 
tors, and be discharged from further legal obligation.^ 

468 . Railway Transportation. The period following the 
Civil War was marked by a rapid development of the railway 
Evils in industry. Many new lines were built, and an era 
manage- ^f excessive competition followed, which proved 
ment injurious both to the roads and to the communi¬ 
ties which they served. Between two points with a single 
line of railroad, rates were often exorbitant; whereas if 
competing lines connected two cities, the rates were some¬ 
times below cost — the railways compensating themselves 
by heavy charges between points where there was no com¬ 
petition. Not only were there discriminations as between 
localities, but lower rates were often granted to favored 
shippers, thus making possible the creation of monopolies 
in certain industries. The railroads themselves endeavored 
to correct some of the evils resulting from excessive com¬ 
petition by forming combinations or “ pools,” — arrange¬ 
ments under which all freight between certain points was 


* Constitution, Art. i. Sec. 8s Par. 5. 

* The metric system is in use throughout most of the western world except in the United 
States, Great Britain, and her possessions. 

* Constitution, Art. i. Sec. 8, Par. 4. 


* See Section 5^1. 


COMMERCIAL FUNCTIONS 


395 


to be carried at a specijBc rate, and the proceeds pooled 
or divided among the competing lines in a certain fixed 
ratio. 

As a result of these conditions, the shippers and the 
public in general demanded that the government take steps 
to regulate the railway trafiic. Since the roads were ordi¬ 
narily chartered by the States, relief was first sought from 
the State governments; and many commonwealths estab¬ 
lished railway commissions, some of which were authorized 
to fix maximum rates and to prevent pooling, gtatecon- 
State control proved ineffective because of its 
geographical limitations, since State regulations 
did not apply to the transportation which passed beyond 
State lines. By 1885, the railroads were deriving more than 
two thirds of their revenue from the interstate traffic which 
individual commonwealths were powerless to control, and 
widespread public sentiment demanded federal regulation 
of interstate transportation. 

469 . Federal Railway Legislation. Accordingly, in 1887, 
Congress passed the Interstate Commerce Act. As amended 
by subsequent legislation, its chief provisions are interstate 
as follows: (1) Discrimina^ng rates in favor of in- Commerce 
dividuals or localities are prohibited. ( 2 ) Pooling or 
combination for the purpose of dividing traffic is declared 
illegal. ( 3 ) Publicity of railroad rates is made compulsory 
by providing that all rates must be published and can only 
be changed after due notice. (4) In order to carry out its 
provisions, the act creates an Interstate Commerce Com¬ 
mission of eleven members, with power to require reports 
as to the operation of railroads, to hear complaints, sum¬ 
mon witnesses, make investigations, and, under the Hepburn 
Act of 1906, to fix maximum rates. 

In 1917 the federal government took entire charge of the 
railroads for the period of the war. Although government 
control was perhaps necessary as a war measure, it proved 
neither economical nor efficient; and the physical equipment 


396 


GOVERNMENT AND TOLITICS 


tatlon 
Act of 
1920 


Consol¬ 

idation 


Rate 

making 


of the railroads depreciated greatly during this period. 
Transpor- Congress restored the roads to their owners by 
the Transportation Act of 1920, which estab¬ 
lished new and important principles for the con¬ 
trol of railway traffic. 

( 1 ) Consolidation is approved under certain conditions. 
The Interstate Commerce Commission is instructed to pre¬ 
pare and adopt plans looking toward the consoli¬ 
dation of the railroads of the country into a lim¬ 
ited number of systems. Consolidation may also be under¬ 
taken on the initiative of the carriers, with the approval of 
the Interstate Commerce Commission. 

(2) The act establishes a definite rule for establishing 
rates that will yield a fair return on railroad values. The 

Interstate Commerce Commission is to divide 
the railroads of the country into several groups, 
and then fix such rates within these groups as will yield a 
return of 53^ per cent on the value of railway properties 
within each group. 

( 3 ) The principle of profit sharing is introduced. If the 
earnings of the railroads exceed 6 per cent, the excess earn- 
Profit ings are to be divided equally between the govern- 
aharing ment and the companies making the earnings. 
The government’s share is to be used in furthering the pub¬ 
lic service rendered by the carriers either through the pur¬ 
chase of additional equipment or facilities, or through 
loans to the railroads. 

(4) A revolving fund of $300,000,000 is created to pro- 
Revoiv- vide loans to the railroads for extensions, better¬ 
ing fund ments, and improvements. 

(5) A complete system for the conciliation of labor dis¬ 

putes is established, embracing local adjustment boards 
Railroad ^ central Railroad Labor Board (see page 

Board 325) to which questions relating to wages and 
working conditions may be referred when the carriers and 
their employees cannot come to an agreement. 


COMMERCIAL FUNCTIONS 


397 


Thus while the railroads of the United States are to be 
owned by private capital and operated under private man¬ 
agement, they are henceforth to be considered as a private 
unified system managed by the public through its ara^ibiic 
agent, the Interstate Commerce Commission. It control 
is for the Commission to say what returns the railroads 
shall receive, what rates they shall charge, what service 
they shall give, what new lines and terminals they shall 
build. By this latest act regulating railway transporta¬ 
tion, the Interstate Commerce Commission is entrusted 
with vast powers and responsibilities; and the future of our 
railroads will depend largely upon the way in which that 
body discharges its trust. 

470 . Sherman Anti-Trust Act of 1890 . One of the most 
important regulations of interstate commerce is the Sher¬ 
man Anti-Trust Act of 1890. This law declares Provisions 
illegal every contract, combination in the form 

of trust or otherwise, or conspiracy in restraint of inter¬ 
state or foreign trade. For example, the consolidation of 
competing railway lines through the organization of a cor¬ 
poration to hold and control their stock is an arrangement 
in restraint of interstate trade, and an illegal attempt to 
form a monopoly. Persons found guilty of violating the law 
are liable to fine or imprisonment, at the discretion of the 
court. From 1890 to 1914, the enforcement of this law was 
entrusted to the Attorney-General’s office. There was no 
commission, as in the case of the railroads, charged with the 
duty of its enforcement. Suit after suit was brought by dif¬ 
ferent Attorneys-General to break up illegal combinations. 
The result often was, that the combinations were dissolved 
only to reappear in different form, pursuing about the same 
methods. By reason of the uncertain and changing policy 
of government in enforcing this law, it proved impossible 
to secure effective regulation of large corporations. 

471 . The Federal Trade Commission. Accordingly, in 
1914, Congress supplemented the Sherman Anti-Trust Act 


398 


GOVERNMENT AND POLITICS 


by two measures: (1) an act creating the Federal Trade 
Commission; (2) the Clayton Anti-Trust Law. 
The Federal Trade Commission consists of five 
members, appointed by the President. This commission re¬ 
ceives reports from all corporations capitalized at $5,000,- 
000 or more, except common carriers. In general, its aim 
is to supervise the activities of large corporations so closely 
as to prevent unfair competition. Whenever there is reason 
to believe that any business is using unfair methods of com¬ 
petition, the commission can issue a complaint. The offend¬ 
ing corporation will then have to show that the complaint 
is unfounded, or the commission will issue an order to stop 
the methods complained of. An appeal from this order may 
be taken to the Circuit Court of Appeals. The advantage 
to business of this method is, that the commission may 
promptly order men to desist from unfair practices. The 
courts, on the other hand, ordinarily must wait until the 
unfair acts are committed, and then punish the perpetra¬ 
tors, even though their unfair practices may have been com¬ 
mitted in innocence of wrong-doing. Thus the Federal 
Trade Commission is a kind of common-sense business 
court, with power to regulate interstate corporations with¬ 
out too much red tape and delay. Besides its power to re¬ 
strain unfair competition, the commission has charge of the 
work formerly carried on by the Bureau of Corporations. 

The object of the Clayton Anti-Trust Law is to check 
monopoly, and tendencies toward monopoly, by specifying 
Clayton particular acts which are in restraint of trade. 

Anti-Trust This law forbids the existence of holding com¬ 
panies where they restrain commerce or tend 
to create monopoly. “Interlocking” directorates among 
banks with resources of more than $5,000,000 are forbid¬ 
den. The Clayton Law and the Federal Trade Commission, 
President Wilson declared, will give a new liberty of action 
to business men in the United States, and will effectually 
kill monopoly “in the seed.” 


COMMERCIAL FUNCTIONS 


399 


GENERAL REFERENCES 

Andrews, J. D., American Law (1900), pp. 339-371. 

Beard, C. A., American Government and Politics (1910), ch. xix. 

- Readings in American Government and Politics (1910), ch. XIX. 

Black, H. C., Constitutional Law (1897), pp. 186-207, 368-371. 

Blackmar, F. W., Economics (1907), ch. xxxi. 

Bryce, James, The American Commonwealth (1907), ii, ch. cm. 

Dewey, D. R., National Problems (1907), ch. xii. 

Goss, John D., The History of Tariff Administration in the United States 
(1897), Columbia Univ. Studies, i, no. 2. 

Hart, A. B., Actual Government (1903), ch. xxiv. 

Jenks, J. W., The Trust Problem (1901), ch. xi. 

Johnson, E. R., Elements of Transportation (1909), chs. xvi-xviii, xxvii, 

XXXV, XXXIX. 

Latane, J. H., America as a World Power (1907), ch. xvii. 

McClain, E., Constitutional Law (1905), chs. xiv, xv, xvi. 

Pomeroy, J. N., Constitutional Law of the United States (1888), secs. 321- 
412. 

Reinsch, P. S., Readings on the American Federal Government (1909), ch. x. 

Smith, R. Mayo, Emigration and Immigration (1890). 

Story, J., Commentaries on the Constitution (5th ed., 1905), secs., 1056-1150. 

Taussig, F. W., The Tariff History of the United States (1905). 

Tucker, J. R., Constitutional Law (1899), ii, pp. 519-563. 

Wright, Carroll D., Outline of Practical Sociology (1899), chs. vii, xxiv. 

QUESTIONS AND EXERCISES 

1 . What was the amount of our foreign commerce last year.^ Did the 
exports exceed the imports.^ 

2 . From which five countries do we buy the most goods.!^ Which five are 
our best customers.^ 

3. Make a graphical comparison of our total foreign commerce with that 
of Great Britain, Germany, France, and Japan. 

4. State the principal arguments for and against a ship subsidy. 

5. Can Congress regulate navigation wholly within the boundary of a 
State? 

6 . Prepare a report upon the Panama Canal. Give an account of the 
acquisition of the canal zone and of the work accomplished; state how 
the canal will benefit commerce. 

7. What amount did the federal government appropriate last year for 
river and harbor improvements? What part of this was for your 
State? Do inland cities receive any benefit from these improve¬ 
ments? 

8 . Prepare a report upon the Erie Canal, paying especial attention to its 
effects on our commerce. 

9. Examine the map of the United States, and suggest canals which would 
aid commerce. 

10 . Name the great inland centers of commerce in the United States. 
Explain how the commerce and industry of each has been aided: (a) by 
canals; (b) by rivers; (c) by railroads. 

11. Has the commerce of your city been aided by any of these means of 
transportation? 



400 GOVERNMENT AND POLITICS 

12 . May Congress prohibit all exportation of goods from the United 
States? 

13. What percentage of imports are admitted free? What are the prin¬ 
cipal articles on the free list? What articles furnish most of the tariff 
revenues? On what articles are the highest rates levied? 

14. After the protected industry has become firmly established, is it wi^r 
to increase or decrease the rate of duties? Do high protective duties 
encourage the formation of trusts? 

15. Name the articles of commerce which can be readily produced in the 
United States. Those which cannot be easily produced here. Of the 
latter, which ones are on the free list? 

16. Why do business men object to frequent changes in tariff rates? 

17. What is the present attitude of each of the political parties with regard 
to the tariff? 

18. Prepare a report upon the enactment, chief provisions, and political 
results of the Payne-Aldrich Tariff Act. (Kaye, P. L., Readings, pp. 
441-448.) 

19. What is meant by reciprocity treaties? What are the advantages of 
such treaties? What are subsidies? Bounties? 

20 . How many immigrants came to the United States last year? How 
many were excluded? 

21 . What per cent of immigrants came from western Europe? From 
southern and eastern Europe? What was the percentage of illiteracy 
among the different nationalities? 

22 . Give arguments for and against an educational test for immigrants, 
such as the ability to read and write their own language. 

23. May Congress prohibit the immigration of persons of a particular 
nationality? 

24. May a State prevent immigrants from landing at its seaports? May a 
State prohibit the immigration of foreign-born persons coming from 
other States? 

25. May Congress regulate commerce carried on wholly within the bound¬ 
aries of a State? 

26. How does our federal system of government complicate the problem 
of railway control? 

27. Prepare a report upon the federal control of interstate commerce. 
(Kaye, P. L., Readings, pp. 483-490; Reinsch, P. S., Readings, pp. 
507-526.) 

28. Name the present members of the Interstate Commerce Commission. 
What is their salary? Term? 

29. Is there a railway commission in your State? How do its powers com¬ 
pare with those of the Interstate Commerce Commission? 

30. Name five great railway systems engaged in interstate commerce. 
How are they controlled by the federal government? 

31. May Congress prohibit the consolidation of steamship companies? Of 
railroads? 

32. May Congress forbid the transportation across State lines of goods 
manufactured by child labor? 

33. How has our government aided the construction of railroads? 

34. Discuss the economic aspects of trusts, and the best methods of regu¬ 
lating them in the public interests. (Jenks, J. W., The Trust Problem; 
Kaye, P. L., Readings, pp. 492-497; Reinsch, P. S., Readings, pp. 
485-507.) 


CHAPTER XXXII 


INTERNATIONAL RELATIONS 

472 . International Law. International law is the body of 
rules concerning mutual rights and duties which civilized 
nations accept as binding in their dealings with Definition 
one another. These rules are sometimes formally and en- 
adopted in treaties or conventions, but more often 

are usages which by general acceptance have become 
obligations. For this reason international law is lacking in 
precision and certainty. It depends for its enforcement 
chiefly upon the spirit of justice and fair dealing among 
nations, and upon the fact that violation of its rules may 
lead to war. But in the United States, as in Great Britain, 
international law is considered a part of the law of the land. 
Congress being expressly empowered to define and punish 
offenses against it. 

International law relates to the mutual rights and duties 
of nations in time of peace as well as war. Thus it includes 
such importantsubjects as emigration, naturaliza- 
tion, extradition, representation through diplo¬ 
matic and consular agents, maritime jurisdiction, protec¬ 
tion of citizens and aliens, treaties and conventions of all 
kinds, and arbitration. Within its scope are also included 
such questions as the rights and duties of neutrals in time of 
war, e.g., recognition of belligerent rights, rules governing 
blockades, sieges, privateering, maritime captures, media¬ 
tion, and intervention. 

473 . Federal Control of International Affairs. Under 
our constitution, control of international affairs is vested 
exclusively in the federal government, the States being 
expressly prohibited from participating in this function. 


402 


GOVERNMENT AND POLITICS 


Thus the constitution gives the President and Senate sole 
power to make treaties; grants Congress authority to regu¬ 
late commerce with foreign nations, to punish offenses 
against international law, to declare war, to raise and sup¬ 
port armies, and maintain navies; and finally, it vests in the 
federal courts jurisdiction over all cases involving for¬ 
eign affairs. 

474 . History of American Foreign Policy. Largely owing 
to the fortunate isolation of the United States from the 
Revolution- field of European politics, foreign affairs have 
ary period occupied a Comparatively subordinate place 
throughout the greater part of our history; but on the sev¬ 
eral occasions when American diplomacy has been put to 
the test, signal successes have been won. The history of our 
foreign relations commences with the Revolutionary strug¬ 
gle, in which the important diplomatic results were the 
treaty of alliance with France (1778), the commercial treaty 
with Holland whereby that country also recognized our 
independence, and finally the Treaty of Paris which ended 
the war (1783). The treaty of peace with Great Britain 
may be considered one of the greatest triumphs of Ameri¬ 
can diplomacy; for the American commissioners, boldly dis¬ 
regarding instructions from Congress to conclude no treaty 
without the concurrence of the French ministry, negotiated 
directly with the British government, and secured terms 
far more favorable to the United States than were desired 
by our allies, France and Spain. 

475 . The Struggle for Neutral Rights. Throughout the 
the years 1792-1815, Europe was in the throes of the Rev- 
Oonflicts olutionary and Napoleonic wars; and the con- 
Franceand ^tant aim of American foreign policy was to 

Great maintain an attitude of neutrality between the 

Britain 

belligerent powers—a position rendered diflficult 
because of the aggressions of both Great Britain and France 
upon American commerce. The keynote of this policy was 
sounded by Washington in his neutrality proclamation 



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THE GOVERNOR’S PALACE AT SAN JUAN, PORTO RICO 



INTERNATIONAL BUREAU OF THE AMERICAN REPUBLICS, AT 

WASHINGTON, D. C. 






















INSULAR EXPANSION 


































































INTERNATIONAL RELATIONS 


403 


(April, 1793), announcing the neutral attitude of the 
United States, and warning all American citizens to ob¬ 
serve its obligations. But French depredations upon Amer¬ 
ican commerce at length involved the United States in a 
quasi-war with that country (1790-1800); and intolerable 
British outrages, including the searching of American ves¬ 
sels and impressment of American seamen, at last precipi¬ 
tated the War of 1812. Although the Treaty of Ghent 
(1814) contained not a single provision concerning the 
issues which had occasioned the war, the United States had 
demonstrated that it would not suffer its rights as a neutral 
power to be violated with impunity; and since that struggle 
European nations have been slow to assume an aggressive 
policy toward this country. 

476 . Policy of Territorial Expansion. No results of Ameri¬ 
can diplomacy during the first half of the nineteenth century 
were of greater importance than the several terri- important 
torial acquisitions which more than doubled the 
national domain. Louisiana and the Floridas were 
peacefully acquired by purchase; but the annexation of 
Texas resulted in the only unjustifiable war in our history, as 
a result of which Mexico was obliged to cede a vast domain 
to the United States. Then in the closing years of the cen¬ 
tury came the Spanish-American War, resulting in the 
annexation of Hawaii, the Philippines, and Porto Rico. 
The outcome of this war marked the end of our traditional 
policy of isolation; henceforth the United States was to 
be a world power, with world-wide interests and responsi¬ 
bilities. 

477 . Foreign Affairs during the Civil War. During the 
Civil War, foreign relations were more critical than at any 
other period in our history. The chief aim of o^eatBrit- 
American diplomacy was to prevent foreign 
recognition of the Confederacy as an independ¬ 
ent nation, and to ward off the constant menace of Euro¬ 
pean intervention. Throughout the long struggle the gov- 


404 


GOVERNMENT AND POLITICS 


ernments of Great Britain and France were unfriendly to 
the cause of the Union; and especially in the dark days of 
1862 there seemed imminent prospect of joint interven¬ 
tion by these two countries, or at least of their joint recog¬ 
nition of the Confederacy. The British government was 
indirectly given to understand that such recognition would 
result in a severance of diplomatic relations by the United 
States, and at length the crisis was passed in safety. 

In the first year of the war, the capture of two Confed¬ 
erate commissioners on board the British mail steamer 
The Trent Trent en route for England seemed likely to re- 
afiair ^ conflict with Great Britain; but the 

United States government, adhering consistently to its 
historic policy concerning the right of search, disavowed 
the action of Captain Wilkes, and restored the captured 
commissioners to the British authorities. 

From the beginning of the war, the Confederates made 
Great Britain a base of military operations against the 
Violations Union, and their bold violation of British neu- 
trality laws received little check from the British 
government, notwithstanding the earnest protest 
of the United States minister. Within a year after the con¬ 
struction of the Alabama (1862), this ship and other British- 
built Confederate cruisers had swept American commerce 
from the seas. 

Not until several years after the war was redress secured, 
but finally, as the result of the Geneva Arbitration (1872), 
Geneva Great Britain paid the United States $15,500,000 
Arbitration damages for the depredations of these cruisers. 
The Geneva Arbitration not only settled the immediate 
question at issue between the two countries, but it helped 
to repair the breach of friendship resulting from Great 
Britain’s attitude during the war. Not least among its 
results, this adjustment set the world an example of the 
value of arbitration as a substitute for war in the settlement 
of international disputes. 


INTERNATIONAL RELATIONS 


405 


478 . The Monroe Doctrine. In his farewell address 
(September, 1796), Washington announced a maxim which 
has since become a fundamental principle of Maxims of 
American foreign policy — that this country will mn 
refrain from intermeddling in the political affairs 
of Europe. President Monroe in his celebrated message 
to Congress of December 2 , 1823, announced the second 
fundamental principle — that the United States will not 
tolerate intervention in American affairs on the part of 
European nations. 

At the time when the Monroe Doctrine was formally 
announced, it seemed probable that the European Monroe 
powers united in the Holy Alliance would en- 
deavor to re&tablish the Spanish dominion over the South 
American countries which had practically achieved their 
independence. In his famous message President Monroe 
laid down two principles of the greatest importance: First, 
“ that the American continents, by the free and independ¬ 
ent condition which they have assumed and maintain, are 
henceforth not to be considered as subjects for future col¬ 
onization by any European powers.” Second, with regard 
to the Spanish-American states which had asserted and 
achieved their independence, that “ we could not view any 
interposition, for the purpose of oppressing them, or con¬ 
trolling in any other manner their destiny, by any European 
power, in any other light than as the manifestation of an 
unfriendly disposition toward the United States.” 

In its essence the Monroe Doctrine is thus a declaration 
of home rule — America for the Americans. On numerous 
occasions in our history, its principles have been AppUca- 
invoked, notable instances being the protest of 
the United States against Spain’s contemplated transfer of 
Cuba to either Great Britain or France (1825), during the 
insurrection in Yucatan (1848), on the occasion of the occu¬ 
pation of Mexico by French troops and the establishment 
of an empire supported by French bayonets (1862-1866), 


406 


GOVERNMENT AND POLITICS 


at the time of De Lesseps’ unsuccessful attempt to construct 
a Panama canal (1880), and finally in the interposition 
by President Cleveland during the controversy between 
Great Britain and Venezuela over the boundary of British 
Guiana. 

The Monroe Doctrine does not prevent foreign powers 
from using armed force to compel the payment of debts 
Oarrespon- due to their citizens from Latin American coun- 
Bibuity tries. But since the forcible collection of debts 
is likely to result in a permanent occupation of the territory 
of the debtor country, the United States has found it ex¬ 
pedient to assume a limited protectorate over Cuba, Haiti, 
Santo Domingo, and Nicaragua (1899-1916). In other 
words, we have undertaken to supervise the financial affairs 
of these countries in such a way as to make it unnecessary 
for foreign powers to intervene. 

479 . Neutral Rights and Democracy attacked by Ger¬ 
many. In 1914, Germany inaugurated her struggle for 
Amcrioan world dominion by invading neutral Belgium 
1914^1016 France; and for two years and eight months 
the United States faced the difficult problems 
of neutrality in the great world war. The chief trouble, 
as during the Napoleonic wars, was with regard to our 
trade on the ocean. The United States tried to maintain 
the right of our citizens to trade with any of the countries 
at war, subject to the rules of international law. Under 
these rules, our ships had a right to the freedom of the seas 
provided they did not carry contraband of war, or attempt 
to break an established blockade. Even if they did either 
of these things, the penalty was seizure of the ship only, 
while the crews must be given an opportunity to save their 
lives. But from the outset, Germany disregarded inter¬ 
national law on the ocean just as she had done on land by 
invading neutral Belgium. 

Not until German submarines had sunk sixteen of our 
neutral ships, with the loss of over two hundred American 


internationaX relations 


407 


lives, did the United States take up arms to defend its 
national rights (April 6 , 1917). Three reasons made this 
decision imperative: — 

( 1 ) Because of the renewal by Germany of her submarine 

warfare in a more violent form than ever before, resulting 
in the loss of American lives and property on the qj 

high seas. As in the War of 1812, the United 

States had to defend the principle that the deck 
of an American ship is the same as American soil, and that 
the flag which floats over the ship protects the lives of the 
men beneath it. 

( 2 ) Because of the menace to the Monroe Doctrine and 
to our own independence, resulting from the ambitions of 
a war-mad Germany. If we had stayed out Menaooto 
of the war, the Monroe Doctrine would have Monroe 
become an empty threat before a victorious 
Germany. A power which treated its solemn promise to 
observe the neutrality of Belgium as a mere “ scrap of 
paper could hardly be expected to regard our Monroe 
Doctrine seriously. Indeed, the Kaiser himself had already 
told our Ambassador Gerard: “I shall tolerate no more 
nonsense from America after this war.” 

( 3 ) Because the European war had become a conflict be¬ 
tween democratic nations on the one hand, and autocratic 
nations on the other. Germany had trampled Menace to 
under foot the law of nations; an international 
desperado, she threatened the freedom of the world, oppos¬ 
ing her policy of might and force against the principles of 
right and humanity. “ The world,” as President Wilson 
said, “ must be made safe for Democracy.” Little Belgium 
had a right to its own national life, the French people had 
a right to live in peace, American citizens had a right to 
travel on the ocean highways of the world, free from the 
haunting terror of German ruthlessness. 

480 . Arbitration. Disputes often arise between nations 
which cannot be settled through the ordinary diplomatic 


408 


GOVERNMENT AND POLITICS 


channels; and arbitration has been devised as a pacific 
A substi- means of adjusting such differences and of avoid- 
tutoforwar ultimate and most terrible method 

of redress. Arbitration tribunals may be either temporary 
or permanent, and in either case are usually constituted by 
treaty between two or more countries, each agreeing to refer 
serious matters of dispute to arbitration, and to abide by 
the award. In modern times economic motives as well as 
humanitarian considerations have led to the employment 
of this method to an extent hitherto unknown; thus in the 
nineteenth century there were over one hundred and thirty 
important cases of arbitration. In both the number of 
arbitrations and the importance of the questions involved, 
the United States and Great Britain have led the world, 
the Geneva award of 1872 still forming a landmark in the 
history of arbitrations. 

The year 1899 was marked by the establishment at The 
Hague of a permanent court of arbitration. This tribunal 
The Hague is composed of members chosen from a permanent 
list of arbitrators nominated by the nations con¬ 
cerned. The first resort to this tribunal was made by the 
United States and Mexico in 1902, and since that time The 
Hague Court has been the means of settling many inter¬ 
national disputes. 

481 . Foreign Intercourse. Intercourse with foreign na¬ 
tions is carried on through two classes of agents belonging 
DipiomaUc either to the diplomatic or the consular service. 
SrVe^ce speaking, diplomatic agents have charge 

of international affairs of a political nature, while 
consular agents are chiefly concerned with those of a busi¬ 
ness or commercial character. The ofi&cial head of both 
diplomatic and consular services is the President; but in 
matters of foreign affairs he ordinarily acts through the 
Secretary of State, who personally directs our foreign pol¬ 
icy in accordance with the instructions and advice of his 
chief. 


INTERNATIONAL RELATIONS 


409 


482. Diplomatic Representatives. The diplomatic rep¬ 
resentatives of the United States are of two classes: (1) 
ambassadors, and (2) ministers plenipotentiary. 

In 'all, the United States has diplomatic represen¬ 
tatives in forty-seven foreign countries. Representatives of 
highest rank, or ambassadors, are sent to fourteen coun¬ 
tries; ^ while in the others, our representatives have the 
rank of ministers plenipotentiary. 

The President appoints diplomatic representatives (sub¬ 
ject to confirmation by the Senate); and he may remove 
them at his discretion. The term of foreign repre- Appoint- 
sentatives is not fixed by law, and many changes 
occur when a new President assumes office. No 
constitutional or statutory qualifications are prescribed for 
those who serve in this capacity; but appointees are gener¬ 
ally men of considerable training in public service. 

The salary of ambassadors is $17,500; ministers pleni¬ 
potentiary receive from $10,000 to $12,000; secretaries of 
legations from $1200 to $3000. These salaries 
are small in comparison with those paid by other 
countries for similar service; and the cost of heading a lega¬ 
tion at the most important capitals is so great that only 
men of independent means can afford to accept the ap- 
jwintment. 

The duties of our representatives in foreign countries are 
in general to safeguard and advance American interests in 
every possible way. They are to cultivate friendly 
relations with the power to which they are ac¬ 
credited; in case an American citizen is unlawfully treated, 
it is for them to seek redress; and not infrequently they are 
called upon to negotiate treaties under the personal direc¬ 
tion of the Secretary of State. ^ 

Our representatives abroad are accredited to the rulers 

1 Argentina, Austria, Belgium, Brazil, Chile, France, Germany, Great Britain, Italy, 
Japan, Mexico, Russia, Spain, and Turkey. At present (1920) we have no ambassadors in 
the following countries: Austria, Germany, Mexico, Russia, and Turkey. 

2 For the treaty-making power, see Section 379. 


410 


GOVERNMENT AND POLITICS 


of the various powers, and foreign representatives in the 
Recognitioa United States to the President. A government 
and reoau recognize in a diplomatic capacity 

any individual who for special reasons is offensive {'persona 
non grata). In such case a new appointment must be made, 
or as a mark of displeasure the post may be left in charge 
of a subordinated So, too, any country may demand the 
recall of a minister who has made himself obnoxious to its 
government; or in exceptional cases, may summarily dis¬ 
miss himd 

Diplomatic representatives enjoy important privileges 
and immunities, partly owing to the fact that they are the 
Privileges direct representatives of sovereign powers, partly 
munSes because the important functions which they per¬ 
form demand complete independence of action. 
The more important of these immunities are: (1) Ex¬ 
emption of the person of the minister from local jurisdic¬ 
tion, civil and criminal. In other words, he is not liable to 
arrest for any reason whatever, an exemption shared to a 
certain extent by his family and suite. (2) Inviolability of 
his residence, papers, and effects from any search or seizure. 

( 3 ) Exemption of his personal belongings from taxation. 

( 4 ) Entire freedom of worship for himself and his suite. 
These privileges result from the principle known to law as 
ex-territoriality; that is to say, by a legal fiction, the min¬ 
ister is supposed to carry with him the jurisdiction of his 
home government over his person and residence, excluding 
to this extent the foreign jurisdiction. 

483. Consular Officers and Agents. Consular officers. 
Classes and the second great class of foreign representatives, 
are charged with the special duty of advancing the 
commercial interests of the United States. The principal 


^ In 1885, Italy and Austria successively declined to receive the minister appointed 
by President Cleveland. 

* The most famous instance in our history was the dismissal by President Washington 
of the French agent, Genet. A less noted case was the dismissal of the British minister to 
the United States on account of his indiscreet utterances concerning the presidential elec¬ 
tion of 1888. 


international relations 


411 


Consular officers are consuls-general, consuls, and commer¬ 
cial agents. Consuls-general are ordinarily sent to foreign 
capitals. Generally they have supervisory authority over 
the consuls in the country to which they are sent, and they 
often serve as consuls in the city where they reside. The 
salaries of consuls range from $2000 to $8000; those of 
consuls-general from $4500 to $12,000. 

Consular officers, like diplomatic representatives, are 
appointed by the President subject to confirmation by the 
Senate. Until recent years, any consular officer ^ppoint- 
could be removed by the President at will, and 

. tonuro 

appointments were generally given to those who 

had made themselves useful in political campaigns. This 
policy greatly impaired the efficiency of the service; and 
finally, by executive orders issued in 1906 and 1909, a merit 
system was established for the consular service (also in the 
lower grades of the diplomatic service). Original appoint¬ 
ments are made from persons whose qualifications have 
been tested by a non-competitive examination. Promo¬ 
tions are made on the basis of ability and efficiency, as 
shown in lower grades of the service. 

Although consuls are not entitled to the immunities of 
diplomatic representatives, most countries provide by 
treaty that they shall not be subject to arrest in 
civil cases, or to the seizure of their archives. 

The duties of consuls pertain chiefly to commerce and 
trade; for example, they certify invoices of merchandise 
shipped to the United States; advise the home 
government of any infraction of treaty regula¬ 
tions; and report periodically upon economic conditions in 
the country where they reside, paying especial attention 
to possible expansion of United States commerce. They 
also aid distressed American seamen who are ill or stranded 
in foreign ports; act as notaries for the authentication of 
various legal documents; certify to marriages, births, and 
deaths among Americans living within their respective 


41^ 


GOVERNMENT AND POLITICS 


consular districts; vise and in certain cases issue passports; 
aid in enforcing our immigration laws; and in general “ stand 
as protectors and advisers of their countrymen in foreign 
lands.” 

Consuls also perform certain judicial functions. They 
investigate and arbitrate differences between masters and 
Judicial crews which have occurred on American ships 
powers seas; and in a number of countries, 

including Madagascar, China, Siam, and Persia, our con¬ 
suls have jurisdiction in both civil and criminal cases in¬ 
volving American citizens. 

GENERAL REFERENCES 

Baldwin, S. E., Modern Political Institutions (1898), chs. xii, xiii. 

Beard, C. A., American Government and Politics (1910), ch. xvi. 

-- Readings in American Government and Politics (1910), ch. xvi. 

Bryce, James, The American Commonwealth (1907), ii, chs. xciv, cxii. 
Fairlie, John A., The National Administration of the United States (1905), 
pp. 81-91. 

Fish, Carl Russell, American Diplomacy (1915). 

Foster, J. W., A Century of American Diplomacy (1900). 

Hart, A. B., Actual Government (1903), ch. xxiii. 

-- National Ideals (1907), ch. xvii. 

Henderson, J. B., American Diplomatic Questions (1901). 

Johnson, Willis F., America's Foreign Relations (1916). 

I^tan4, J. H., America as a World Power (1900), ch. vi. 

McClain, E., Constitutional Law (1905), ch. xxiii. 

Pomeroy, J. N., Constitutional Law (1888), secs. 669-681. 

Reinsch, P. S., Readings on the American Federal Government (1909), ch. 

XII. 

Robinson, E. F., and West, Victor J., The Foreign Policy of Woodrow Wil¬ 
son (1918). 


QUESTIONS AND EXERCISES 

1 . Prepare a report upon the treaty of alliance with France (1778). 

2 . Discuss the Treaty of Paris (1783). 

3. Discuss the origin, applications, and present status of the Monroe 
Doctrine. (Consult Foster, J. W., A Century of American Diplomacy.) 

4. Prepare a report upon the diplomacy of the Civil War. 

5. Discuss the French occupation of Mexico. 

6 . Give an account of the Alabama claims. 

7. Report upon the rights and obligations of neutrals in time of war. 

8 . Has the Senate the right to be consulted before beginning treaty ne¬ 
gotiations.? 

9. Give an account of the proposed arbitration treaty with Great Bri¬ 
tain in 1897. Why was it rejected by the Senate? 




INTERNATIONAL RELATIONS 413 

10 . May the House of Representatives refuse appropriations necessary to 
carry out a treaty.^ 

11 . May a treaty be superseded by a statute? A statute by a treaty? 

12 . May a State be compelled to observe the provisions of a federal treaty? 

13. Give an account of the annexation of Hawaii. 

14. Name several of our most important treaties, and state what ques¬ 
tions were decided. 

15. Name some of our greatest diplomatic successes. 

16. Name several of the greatest ambassadors who have represented the 
United States abroad. 

17. Name our present ambassadors to France, Great Britain, Italy, and 
Russia. Name the ambassador sent by each of these countries to 
Washington. Are there any foreign consuls in your city? 

18. Describe fully the peace conference at The Hague. What influences 
are now at work for international peace? What are the chief obstacles 
in the way of the realization of this ideal? 

Describe the efforts to improve our foreign service through the appli- 
ijation of civil service rules. (Reinsch, P. S., Readings, pp. 651-675.) 


CHAPTER XXXIII 


TERRITORIAL FUNCTIONS 


484. Territorial Power under the Constitution. For sev¬ 
eral years prior to the adoption of the constitution, the 
Oonstitn- Confederation government had been in possession 
tionai pro- of a vast domain west of the Alleghanies to which 

the individual States had surrendered their 
claims. This condition naturally suggested the provisions 
of the federal constitution relating to territories and the 
admission of new States. Accordingly the constitution 
vests in Congress power “to dispose of and make all needful 
rules and regulations respecting the territory or other prop¬ 
erty belonging to the United States and under certain 
limitations, to admit new States to the Union.^ 

The constitution itself is silent in regard to the power to 
Right to acquire new territory; but annexations have been 
made repeatedly throughout our history, until 
to-day this right is as firmly established as though 
expressly granted. 

485. Expansion of the National Area. Since the origin of 
the federal Union in 1789, the United States has expanded 
its boundaries, and its original area of 892,135 square 
miles has been increased to 3,743,306 square miles at the 
present time. The various annexations by which this 
enormous increase has been made are as follows: — 


aoqulre 

territory 


(1) In 1803 the vast territory known as Louisiana was 
Louisiana purchased from France for $15,000,000. This 
Purchase territory included all of the western Mississippi 
Valley and the isle of Orleans, an imperial area of nearly a 
million square miles. 


* Constitution^ Art. nr, Sec. 3. 


TERRITORIAL FUNCTIONS 


415 


Florida 


Texas 


(2) The second annexation was that of Oregon, the ter¬ 
ritory west of the Rocky Mountains between parallels forty- 
two and forty-nine degrees north latitude. Title 

to this region was by discovery and exploration 
based partly upon the voyage of Captain Gray in 1792, 
but chiefly upon the overland expedition of Lewis and Clark 
in 1805. Our title to Oregon was for a time contested by 
Spain, Russia, and Great Britain; and the latter country 
did not relinquish its claim until 1846, when the treaty was 
signed establishing the present northwestern boundary 
between the United States and Canada.^ 

(3) In 1819 Florida was purchased from Spain 
for $5,000,000 thereby giving the United States 
a natural boundary on the southeast. 

(4) In 1845 the independent state of Texas 
was admitted to the Union by a joint resolution 
of Congress. 

(5) In 1848, by the treaty which closed the Mexican 
War, the United States acquired the immense 
area south of Oregon and west of Texas, includ¬ 
ing California and what was then called New Mexico.^ 

(6) In 1853 the second Mexican annexation known as 
the Gadsden Purchase added a narrow strip in oadsden 
the southern parts of Arizona and New Mexico, 

the consideration paid Mexico being $10,000,000. 

(7) In 1867 the vast territory of Alaska, comprising nearly 
600,000 square miles, was purchased from Russia 

for $7,200,000. 

(8) The Hawaiian Islands, over which a protectorship had 
virtually existed since 1851, were annexed by a 
joint resolution of Congress in 1898. 

(9) By the treaty which closed the Spanish- 
American War (December, 1898), Spain ceded to 
this country Porto Rico, Guam, and the Philip- 


First Mexi¬ 
can cession 


Hawaii 


Porto Rico, 

Quam, 

Philippines 


1 Hence 1846 is often given as the date of this annexation. 

* On the map of the United States as it is to-day, this territory includes California, New 
Mexico, Arizona,. Nevada, Utah, and portions of Colorado and Wyoming. 


416 GOVERNMENT AND POUTICS 

pine Islands, receiving as indemnity the sum of $ 20 , 000 ,- 

000.1 

(10) In addition to the foregoing important annexations, 

the United States has acquired title to a number of islands 
Samoan and minor importance, including a few guano 
minor islands off the coast of South America and in the 

^ * Gulf of Mexico; also Midway, Baker, and Wake 

islands in the Pacific; and (in 1899) several of the Samoan 
islands, the most important of which is Tutuila. 

( 11 ) For a consideration of $ 10 , 000 , 000 , the Republic of 

Panama Panama in 1904 ceded to the United States per- 
Oanai Zone control of a strip of land extending across 

the Isthmus of Panama, five miles in width on either side 
of the proposed canal route. 

( 12 ) In 1917 the United States purchased the Danish 
West Indies, now called the Virgin Islands, for $25,000,000. 
virgin These three islands were acquired chiefly for 
Islands strategic reasons, since they form an important 
link in the chain of defense for the Panama Canal. 

486 . Early History of Northwest Territory. The history 
ot the territories belonging to the United States commences 
Western with the vast area north and west of the Ohio 
land claims which in the latter part of the eighteenth 

century was vaguely described as the Northwest Territory.^ 
By the Treaty of Paris (1783), Great Britain relinquished 
her title to this region; and the question of ownership was 
disputed by Virginia, New York, Massachusetts, and Con¬ 
necticut, each of which laid claim to the territory either in 
whole or in part. 

These claims were viewed with alarm by such States as 
Maryland, Rhode Island, New Jersey, and Delaware, 
themselves so situated that they could not hope to expand 
in any direction. Maryland took the lead in suggesting 

^ Spain also relinquished her title to Cuba, which became an independent republic, al¬ 
though the United States has reserved the right of intervention in case of foreign aggres¬ 
sion or serious domestic disorder. 

* Out of this territory the States of Ohio, Indiana, Illinois, Michigan, and Wisconsin have 
i)ecn formed. 


TERRITORIAL FUNCTIONS 


417 


that the western lands be formed into a public domain 
to be held by Congress for the common benefit EstabUsh- 
of the States, and steadfastly refused to ratify 
the Articles of Confederation until assurance was domain 
given that this course would be adopted. Ultimately Con¬ 
necticut, Virginia, and Massachusetts, following the example 
set by New York in 1780, ceded to the United States their 
claims to the region west of the Alleghany Mountains.^ 

487 . Early Territorial Legislation. By a resolution passed 
in 1780, the Continental Congress had promised that the 
lands ceded by the claimant States should be Territorial 
“ disposed of for the common benefit of the United 

States, and be settled and formed into distinct republican 
States which shall become members of the federal Union.” 
The two principles set forth in this resolution have ever 
since formed the basis of the territorial and public land 
policy of the United States. 

A few years later Congress voted that a committee should 
be appointed to draw up a plan for the govern- ordinance 
ment of its newly acquired domain in the west; 
and accordingly Jefferson as chairman reported the plan 
which with some changes was adopted as the “ Ordinance 
of 1784.” 

488 . Ordinance of 1787 . A second and more famous 
territorial act, known as the Ordinance of 1787, was adopted 
by Congress on July 13 of that year.^ As an organic act 
this ordinance is only second in importance to the federal 
constitution itself, for it established firmly the principles 
which have since formed the basis of our territorial policy. 
This policy has had as its object, first, the establishment in the 
territories of that form of civil government which is best 
adapted to existing needs; and second, the preparation of 
the territories for their future position as States in the Union. 

‘ Except the Connecticut Reserve, a strip of land along the southern shores of Lake Erie, 
reserved by Connecticut in aid of education. 

2 The Ordinance of 1787 was adopted by the Congress under the Articles of Confederation, 
and later reenacted with slight changes by the first Congress under the constitution. 


418 


GOVERNMENT AND POLITICS 


The ordinance provided for two stages of territorial gov¬ 
ernment. A temporary government was to be first insti- 
Territoriai tuted, under which laws were to be made by the 
government goy^mor and three judges appointed by Con¬ 
gress. As soon as there were five thousand free male in¬ 
habitants of voting age in the territory, this temporary 
government was to be superseded by a more permanent gov¬ 
ernment, representative in character. A legislature of two 
houses was then to be created, the upper house consisting 
of a council of five members appointed by Congress; while 
the lower branch was to be chosen for a term of two years 
by the voters of the territory. The legislature thus consti¬ 
tuted had power to pass any law not repugnant to the 
principles of the ordinance, subject to the governor’s right 
of absolute veto. 

Representation in Congress was secured by means of a 
Represen- territorial delegate, chosen by the two houses 
congress legislature in joint assembly. This repre¬ 

sentative was to have a seat in Congress with the 
right to debate, but not to vote. 

In addition to the provisions regulating the framework of 
government, the ordinance contains six articles in the nature 
Individual of a bill of rights, and these were declared to be 
tights unalterable compact (save by mutual consent) 

between the United States and the people within the terri¬ 
tory. Among these were provisions designed to guarantee 
to the citizens of the territory the rights of individual lib¬ 
erty, such as freedom of religious worship, the benefit of 
habeas corjmSy trial by jury, and judicial process according 
to the common law; and also the right of proportionate 
representation in the legislature. 

The ordinance further provided that not more than five 
nor fewer than three States should be formed within the 
territory, and promised statehood whenever any 
district should have 60,000 free inhabitants, or 
at an earlier period if found consistent with the generai 


statehood 


TERRITORIAL FUNCTIONS 


419 


interest. The constitution and government of the States 
thus formed were to be republican in character. The new 
commonwealths when admitted were to be “on an equal 
footing with the original States, in all respects whatever”; 
and were forever to remain a part of the United States. 

Perhaps the most important provision, because most far- 
reaching in its effect, was the prohibition of slavery through¬ 
out the territory. The anti-slavery clause was 

A 1*1 • • • si&vory 

afterwards copied verbatim in the organic acts of 

the northern territories, and subsequently embodied in 
their State constitutions; and nearly eighty years later, 
with but slight alteration, it was adopted as the thirteenth 
amendment to the federal constitution. 

489 . Later Territorial Legislation. Since the enactment 
of the Ordinance of 1787, Congress has passed Number of 
many acts providing for territorial government, *®"**®*^®® 
legislation made necessary by the additions to the national 
area. In all, twenty-nine organized territories have been 
created within the boundaries of the United States, while 
three territorial governments have been provided for the 
insular possessions.^ 

Nearly all of these have passed through the two stages 
of territorial government provided for in the Ordinance of 
1787. First a provisional government was estab- stages of 
lished in which the people had practically no 8 : 0 ^®*^““®“^ 
voice; and this was followed as soon as conditions per¬ 
mitted by the establishment of representative government. 

490 . Representative Territorial Government For many 
years prior to their admission to statehood. New Mexico 
and Arizona had representative territorial gov- Executivs 
ernments of the type which has been provided 

for most of our continental territories. ^ Under this form 
of government, executive power is vested in a governor 
appointed for four years by the President with the consent 

‘ The States which have never been territories of the United States include, besides the 
original thirteen, Maine, Vermont, Kentucky, West Virginia, Texas, and California. 

* New Mexico was organized as a territory in 1850; Arizona in 1863. 


420 


GOVERNMENT AND POLITICS 


of the Senate. The powers of the territorial governor are 
quite similar to those of the governor of a State, but he is 
directly responsible to the President, to whom he reports 
annually on the condition of affairs in the territory. Other 
administrative officers are the secretary, treasurer, auditor, 
and superintendent of public instruction. 

The territorial legislature consists of two houses, an up¬ 
per house or council, and a house of representatives. Mem- 
Territoriai bers of both branches are chosen for a term of two 
legislature ygaj,g qualified voters of the territory. The 

organization, procedure, and powers of the legislature are 
carefully regulated by federal statute, and are substantially 
the same as those of the legislatures of the several States. 
However, acts of the territorial legislature, besides being 
subject to the veto power of the governor, are liable to be 
annulled by Congress. 

Judicial power is vested in a supreme and several dis- 
The trict courts, the judges of which are appointed 

Judiciary |^y President.^ The territorial legislature has 
power to establish such inferior courts as are found neces¬ 
sary. 

Each territory sends to the House of Representatives a 
Territorial delegate, who has the salary and other privileges 
delegate member, except the right to vote. 

Thus the framework of government in the territories ap¬ 
proximates closely to that which exists in the States, the 
Comparison essential distinction being the subordinate posi- 
with state tion which the territory occupies in relation to the 
government 2 National control is at all times para¬ 

mount, and is exercised through acts of Congress modify¬ 
ing the status of the territory, or, in exceptional cases, di¬ 
rectly annulling the acts of its legislature. Furthermore, 
federal administrative control is secured through the Presi- 


1 Territorial courts are not part of the federal judicial system, but are established by 
Congress under its power to govern territories; and hence the judges of such courts are 
subject to removal by the President at his discretion. 

* The territories of course take no part in the election of a President. 


TERRITORIAL FUNCTIONS 421 

dent’s power to appoint and remove the principal territo¬ 
rial officers. 

491 . Relation of Territories to the Union. Congress has 
complete and exclusive legislative power over the terri¬ 
tories, and may establish either provisional or rep- power of 
resentative government as appears best adapted 

to local needs. Even after representative institutions have 
been granted, Congress may annul the acts of the terri¬ 
torial legislature — a power exercised in 1887 when several 
acts of the Utah legislature favoring polygamy were de^ 
dared void. 

Only during the protracted controversy over slavery 
(1820-1860) was the power of Congress to legislate for 
the territories called in question. The territorial Dred Scott 
theory of the pro-slavery party was finally 
adopted by the Supreme Court of the United States; and 
the celebrated Dred Scott decision (1857) denied the power 
of Congress to prohibit slavery in the territories. The Civil 
War, together with the thirteenth amendment, rendered 
this decision nugatory, and the complete power of Congress 
to legislate for the territories is now conceded. 

492 . Admission of New States. Territories are virtually 
inchoate or rudimentary States; and to prepare condiuons 
them for statehood as soon as their population 

and circumstances warrant has been the prime object of 
our territorial policy. Under the constitution. Congress is 
vested with power to admit new States into the Union; and 
it is for Congress to determine upon what conditions this 
action will be taken. Thus the new State may be required 
to accept certain boundaries, or to incorporate into its 
constitution certain fundamental provisions respecting 
religious freedom, and the like; and in all cases the govern¬ 
ment provided by its constitution must be republican in 
form. 

A population at least equal to that of an average con¬ 
gressional district has usually been a prerequisite to ad- 


m 


GOVERNMENT AND POLITICS 


mission, but the practice has not been uniform. Nevada 
with a population of 20,000 was admitted in order 
to obtain the vote of that State for the thirteenth 
amendment. On the other hand, Utah with a considerable 
population was long denied statehood because of the insti¬ 
tution of polygamy; and New Mexico and Arizona were 
refused admission for many years on the ground that their 
population, including many persons of Mexican blood, was 
not prepared for self-government. 

Practically the only limitation upon the power of Con¬ 
gress in forming States is that the new commonwealth 
state not must not include territory lying within the bound- 

tobosub- aries of a State already admitted, without the 

dividod 

consent of the legislature of the State concerned. 
By express constitutional provision, territory cannot be 
taken from or added to any State without the consent of the 
States concerned, as well as of Congress.^ 

In admitting new States to the Union, two different 
Metbodsof methods have been followed. Frequently Con- 
stSes^^ gress has passed an enabling act authorizing the 
people of the territory to frame a constitution 
and apply for admission. In other cases, the citizens of the 
territory, acting on their own initiative, have called a con¬ 
vention and framed a constitution, which, after ratification 
by the voters, has been submitted to Congress for approval. 
Either of these methods of procedure is merely a prelimi¬ 
nary step, the final decision as to admission resting entirely 
with Congress. 

493 . Position of States after Admission. Although a 
new State can only be admitted upon such terms as Con¬ 
gress may prescribe, once in the Union it is on an equal 
footing with other States in all respects; and according 

1 The only case in our history of the subdivision of a State without its consent was that 
of West Virginia, which separated from the Old Dominion in 1861 in consequence of the 
ordinance of secession adopted by the State convention at Richmond. That part of the 
State west of the Alleghanies thereupon formed a separate government, and was admitted 
to the Union by Congress in 1862. Later Virginia acknowledged the validity of the creation 
of the new State. 


TERRITORIAL FUNCTIONS 


m 


admission 


to the weight of authority, may even amend its constitu¬ 
tion regardless of conditions which have been im- posmon 
posed by Congress. Moreover, once in the Union 
a State cannot under any circumstances with¬ 
draw or secede, the Civil War having forever settled the 
principle that this is “ an indestructible Union of inde¬ 
structible States.** 

Immediately after the Civil War, the question arose as 
to the status of the eleven States which had passed ordi¬ 
nances of secession. Widely divergent views were gecesBion 
held by President Johnson and Congress; but the 
congressional theory finally prevailed. This held 
that although the Southern States had never been out of 
the Union, their rebellion had forfeited their rights as 
States, and practically reduced them to the condition of 
conquered territory. Hence it was for Congress to deter¬ 
mine how long this status should continue, as well as the 
conditions upon which the former States might be “ re¬ 
constructed,** and restored to their former privileges as 
commonwealths. 

494 . Territories and Possessions on the American Con¬ 
tinent. The territories now belonging to the United States 
may be divided into two groups: first, the con- ciassi- 
tinental territories; and second, the insular terri- *‘®®**®“ 
tories or dependencies. 

The continental territories include Alaska and the Pan¬ 
ama Canal Zone. The District of Columbia has conunenui 
an unusual form of territorial government, spe- *®"**®'*®® 
cially devised for the seat of the national government. 

495 . The Government of Alaska. For nearly half a cen¬ 
tury, Alaska remained in the first or provisional stage of 
territorial government; but in 1912, represent- legislature 
ative government was granted to this terri¬ 
tory. The first legislature met at Juneau in March, 1913, 
and consisted of eight Senators and sixteen Representatives, 
elected by popular vote. The legislature meets biennially 


GOVERNMENT AND POLITICS 


m 

for a period not exceeding sixty days, and has power to 
pass laws not contrary to the organic act, but which may 
be disapproved by Congress. One of the first measures 
passed by the legislature of Alaska extended full suffrage 
to the women of the territory. 

The governor is appointed by the President with the 
consent of the Senate for a term of four years, and has 
Governor usual powers. The judiciary consists of four 

and United States district courts with judges ap¬ 

pointed by the President, together with such in¬ 
ferior courts as may be created by the legislature of Alaska. 
A territorial delegate is elected biennially to represent 
Alaska in Congress, where he has the right to debate and 
serve on committees, but not to vote on laws. 

496 . The Panama Canal Zone. Until the opening of the 
canal in 1914, the district was governed by the Isthmian 
Canal Commission of seven members, acting under the 
direction of the Department of War. Since that time its 
government has been practically in the hands of the Presi¬ 
dent, who appoints a governor for a term of four years, and 
other administrative officials for an indefinite term. There 
is no legislature; while judicial power is vested in a district 
court with a judge appointed by the President, and local 
courts whose judges are appointed by the governor of the 
canal zone. 

497 . The District of Columbia. Among the powers which 
the constitution confers upon Congress is the right “ to 
CreaUon cxercise exclusive legislation in all cases whatso¬ 
ever over such district (not exceeding ten miles 

square) as may, by cession of particular States and the 
acceptance of Congress, become the seat of the government 
of the United States.” ^ In 1790 the States of Maryland 
and Virginia ceded to the United States a district ten miles 
square lying upon the banks of the Potomac; but the part 
upon the south bank was retroceded to Virginia in 1846, 

^ Constitution, Art. i, Sec. 8, Par. 17. 


TERRITORIAL FUNCTIONS m 

reducing the district to its present area of about seventy 
square miles. 

The government of the District differs radically from that 
which prevails in other territories, since the residents are 
completely disfranchised. They have no vote in present 
the election of either local or national officials, nor 
are they represented in Congress by a delegate. Congress it¬ 
self acts as the local legislature for the District, setting aside 
certain days each month for the consideration of its affairs. 

Administrative powers are vested in a board of three com¬ 
missioners appointed by the President with the consent of 
the Senate. One of the members is an experienced goara of 
officer of the Engineer Corps of the army, detailed Commis- 
for an indefinite term; the other two are civilians, 
appointed for a term of three years. This board has large 
administrative powers, as well as the power of making 
local ordinances. 

In its general outline, this plan of government resembles 
the commission type of city government; and in fact, the 
government of the District of Columbia was one success oi 
of the models which the framers of the Galves- present 
ton charter had before them. The affairs of the 
District have been managed efficiently, and Washington 
is one of the best governed cities in the world. 

498 . Other National Property. Congress has the exclu¬ 
sive right of legislation “ over aU places purchased by the 
consent of the legislature of the State in which Miutary 
the same shall be, for the erection of forts, mag- fg^aUve 
azines, arsenals, dockyards, and other needful 
buildings."* ^ Under this provision the federal government 
has acquired many sites for navy-yards, arsenals, military 
posts, lighthouses, post offices, customs houses, and other 
public buildings. Land to be used in this way is obtained 
by cession from the State legislature, and is thereafter 
exempt from State or local taxation. 

1 Constitution, Art. i, S«c. 8, Par. 17. 


4^6 


GOVERNMENT AND POLITICS 


Under its constitutional power to regulate commerce 
with the Indian tribes, the federal government also exer- 
indianres- cises special jurisdiction over numerous reser- 
exvaUoM vations scattered throughout the West. The most 
extensive Indian reservations are in Arizona, South Dakota, 
and Montana. Reservations have always been unpopular 
in the States where they exist, and the system is breaking 
down in favor of the plan of allotting lands to the Indians 
in individual ownership. 

499 . Insular Territories or Dependencies. The insular 
dependencies of the United States include Hawaii, annexed 
Insular in 1898; Porto Rico, the Philippines, and Guam, 
possessions acquirer! jn xggg a result of the war with Spain 
a few islands of the Samoan group acquired by treaty in 
1900; three small Pacific islands — Wake, Midway, and 
Baker, claimed by right of discovery since 1898; and the 
Virgin Islands, purchased from Denmark in 1917. 

Of these dependencies, Hawaii, Porto Rico, and the 
Philippines possess representative territorial governments 
quite similar to the plan under which most of our states 
were governed before they were admitted to the Union. 
Such minor dependencies as Guam, the Virgin Islands, 
and the Samoan Islands are under the control of the naval 
officers in command of the naval stations; while Midway, 
Baker, and Wake Islands require no government, being 
practically uninhabited. 

500 . The Territory of Hawaii. Hawaii is governed under 
an act of Congress passed in 1900. This act extends to the 
Executive te^*ritory the provisions of the federal constitu¬ 
tion and laws not locally inapplicable, and con¬ 
fers citizenship in the United States upon citizens of Hawaii. 
The President appoints the governor; and this officer, with 
the advise and consent of the territorial senate, appoints 
for a four-year term the principal administrative officials. 

> These islands were occupied by the United States forces in 1898; the treaty with Spain 
under which they were ceded was ratified April 11, 1899. 


TERRITORIAL FUNCTIONS 


427 


The legislature consists of a Senate of fifteen members 
elected for a term of four years, and a House of Represent¬ 
atives of thirty members elected for two years, legislature 
The right to vote is restricted to citizens of the 
United States who have resided in the territory for one 
year, and who are able to read or write either the English 
or the Hawaiian language. This educational qualification 
was intended to eliminate the Chinese and the Japanese, 
large numbers of whom are living in the islands. ^ 

Hawaii is represented in Congress by a delegate elected 
by the votos of the territory for a term of two years. As 
in the case of other territorial delegates, he has Territorial 
a seat in the House of Representatives, but has *®^®**'® 
no vote. 

501. Government of Porto Rico. Porto Rico was gov¬ 
erned by the War Department from its occupation by 
General Miles in 1898 until the establishment of a civil 
government by an act of Congress passed in 1900. This act 
continued in force until 1917, when a new law was passed 
for the government of the island. The Porto Ricans were 
then made citizens of the United States, and were granted 
a larger share in their own government. 

Executive power is vested in a governor, appointed by 
the President, and in seven administrative officers: a sec¬ 
retary, attorney-general, treasurer, auditor, com- Executive 

missioner of the interior, commissioner of edu- and legis¬ 
lature 

cation, and commissioner of public health, chan¬ 
ties, and corrections. Two of these administrative officers 
are appointed by the President, the others by the governor 
of the territory. The legislature consists of two houses, a 
Senate and a House of Delegates, the members being elected 
by popular vote. 

The judicial system consists of a supreme court of five 
justices appointed for life by the President; seven district 

* Immigration from China and Japan to Hawaii is now prohibited in the same man 
ner that immigration from these countries to the United States is prohibited. 


428 


GOVERNMENT AND POLITICS 


courts, each presided over by a judge appointed by the gov- 
Judicial ernor for a term of four years; and twenty-four 
system municipal courts whose judges are elected by 

the voters for a term of two years. 

A complete system of local government has been es¬ 
tablished by the Porto Rican legislature for the munic- 
Locai gov- ipalities, the voters electing the mayor and 
council. 

Representation at Washington is secured through the 
Ropresen- election by the qualified voters of a commissioner, 
who is chosen for a term of two years. 

502 . Government of the Philippine Islands. The prob¬ 
lem of establishing a suitable government for the Philip- 
Diiiicuity pines has proven a difficult one, since these 
of problem are inhabited by races in almost every 

stage of development from savagery to civilization; and 
the task was rendered still more difficult by the insurrec¬ 
tion waged during the early years of the American occu¬ 
pation. The present government is in accordance with an 
organic act passed by Congress in 1916, and consists of a 
central government over the entire archipelago, with sub¬ 
ordinate provincial and municipal governments. 

The executive department consists of the Governor 
General, the Vice Governor, the heads of the executive de- 
BxecuUve partments, and an auditor. The Governor and 
officers Governor are appointed by the President 

with the consent of the Senate, while the heads of the 
executive departments are appointed by the Governor 
General. 

The legislature consists of two houses, a Senate of twenty- 
four members and a House of Representatives of ninety 
members. As a rule, members of both houses 
are elected by a restricted suffrage; but two sena¬ 
tors and nine representatives are appointed by the Gover¬ 
nor General to represent the non-Christian tribes of the 
islands. 


Legislature 


TERRITORIAL FUNCTIONS 


429 


Judicial power is vested in three classes of courts, a 
supreme court whose justices are appointed by the Presi¬ 
dent; a court of first instance (general jurisdic- 
tion) in each province; and justices" courts in the 
municipalities, the judges of the last two courts being ap¬ 
pointed by the governor. 

Local government varies according to the stage of civili¬ 
zation of the various provinces. Many of these have a gov¬ 
ernor, elected by the municipal councils of the provincial 
province; and the governor with several appoin- 
tive officials constitute a provincial board, which exercises 
administrative powers in the province. 

In the municipalities there is a mayor and municipal 
council, the members of which are elected for a term of two 
years by the qualified voters. The city of Manila Municipal 
is governed under a special charter creating a k®^®*^““®“* 
plan of government modeled on that of the District of 
Columbia. 

The Philippines are represented in the United States by 
two commissioners, chosen not by popular vote Represen- 
as in the other territories, but by the legislature. 


GENERAL REFERENCES 

Beard, C. A., American Government and Politics (1910), ch. xxi. 

- Readings in American Government and Politics (1910), ch. xxi. 

Black, H. C., Constitutional Law (1897), pp. 225-235. 

Bryce, James, American Commonwealth (1907), i, ch. xlvii. 

Carpenter, E. J., The American Advance (1903). 

Coolidge, A. C., The United States as a World Power. 

Farrand, Max, The Legislation of Congress for the Government of the Organ 
ized Territories (1896). 

Hart, A. B., Actual Government (1903), chs. xviii-xx. 

Hinsdale, B. A., The Old Northwest (1888), chs. x, xiv. 

Latane, J. H., America as a World Power. 

McClain, E., Constitutional Law (1905), pp. 262-267. 

Mowry, W. A., The Territorial Growth of the United States (1902). 
Pomeroy, J. N., Constitutional Law of the United States (1888), secs. 483- 
499. 

Porter, J. A., The City of Washington, Johns Hopkins Univ. Studies, in, 
nos. 11-12. 

Reinsch, P. S., Colonial Government (1902), part vii. 

Rowe, L. S., The United States and Porto Rico (1904). 



430 


GOVERNMENT AND POLITICS 


Tucker, J. R., Constitution of the United States (1899), ii, 60S8-616. 
Willoughby, W. F., Territories and Dependencies of the United States (1905) 
Woodburn, J. A., The American Republic (1908), ch. viii. 

Worcester, Dean C., The Philippines, Past and Present (1914 edition). 


QUESTIONS AND EXERCISES 

1 . Prepare a report upon the territorial growth of the United States. 

2 . On an outline map of the United States mark off with different colors 
the various territorial annexations. 

3 . Describe the territorial policy of the United States. 

4 . Discuss the influence of the Ordinance of 1787; (a) upon local self- 
government; (b) upon slavery; (c) upon education. 

5 . Discuss the method of admitting a State into the Union. 

6 . Give an account of the Louisiana Purchase. What States were formed 
out of this territory? 

7. What States, besides the original thirteen, have never been national 
territories? 

8 . Under the provisions of the constitution, could Texas be divided into 
four States? Could Indiana and Illinois be united into a single State? 

9 . Bound your State. Has it ever been part of, or has it ever included, 
another State? 

10 . How did your State receive its name? Its nickname? 

11 . When was your State admitted to the Union? Describe its territorial 
government prior to admission. How long was it an organized terri¬ 
tory? Give a history of the steps by which admission was secured. 

12. What restrictions has Congress imposed upon States as a condition 
to admission? Were any imposed upon your State? Are these condi¬ 
tions still binding? 

13. Why was the capital of the United States placed under the exclusive 
control of Congress? Why was the present form of government es¬ 
tablished for the District? What political rights are denied to resi¬ 
dents of the District? 

14. Describe the city of Washington — street plan, principal public 
buildings and places of interest, monuments, and surroundings. 

15. Name any public buildings, forts, or reservations in your community 
which belong to the federal government. 

16. What degree of local self-government has been granted to our insular 
possessions? Why were not political rights accorded to them as 
promptly as in case of our continental territories? 

17. Is there any likelihood that our insular possessions will ever be ad¬ 
mitted as States? 

18. Discuss some of the problems arising from the annexation of the Philip¬ 
pines. In your opinion, should complete independence be granted te 
the Philippine Islands? 


CHAPTER XXXIV 


MILITARY FUNCTIONS 

503 . War Powers of the Federal Government. The con¬ 
stitution entrusts the war power to the federal government, 
the States being absolutely prohibited from keep- Mujtary 
ing troops or ships of war in time of peace, or powers of 
from engaging in war unless actually invaded or 

in imminent danger. The military powers vested in Con¬ 
gress by the constitution include the right ( 1 ) to declare 
war; (2) to grant letters of marque and reprisal; (3) to make 
rules concerning captures on land and water; (4) to raise 
and support armies; (5) to provide and maintain a navy; 
( 6 ) to make rules for the government and regulation of the 
land and naval forces; and (7) to organize, arm, and dis¬ 
cipline the militia. ^ 

Important military powers are also entrusted to the 

President, since he is commander-in-chief of both president’s 

army and navy, has power to call out the militia military 
/ . , 1 . authority 

under certain conditions, and may make treaties 

with the adyice and consent of the Senate. 

504 . American Wars. The important wars in which the 
United States has been engaged are as follows: (1) Rey- 
olutionary War, from April 19, 1775, to April 11 , 1783; 
( 2 ) War of 1812 with Great Britain, June 18, 1812, to Feb¬ 
ruary 17, 1815; (3) War with Mexico, April 24, 1846, to 
May 30,1848; ( 4 ) the Ciyil War, April 12,1861, to May 26, 
1865; ( 5 ) War with Spain, April 21,1898, to April 11 , 1899; 
( 6 ) War with Germany, declared on April 6 , 1917. 

The United States has also been inyolyed in many minor 
wars. These include a protracted series of Indian conflicts; 

• Constitvtion, Art. i, Sec. 8, Pars. 11-16, 


m 


GOVERNMENT AND POLITICS 


the naval war with Tripoli from 1801 to 1805; a quasi- 
war with France from 1798 to 1800; and finally, the Philip¬ 
pine insurrection from 1899 to 1902. 

505 . The Declaration of War. A formal declaration of 
war is sometimes made at the outbreak of hostilities be- 
Object and tween two countries, this declaration serving as a 
effect public notice of the existence of war, and impos¬ 
ing upon other nations the obligations of neutrality.^ The 
declaration is usually preceded by the dismissal of the re¬ 
spective ambassadors, thus severing diplomatic intercourse 
between the two countries. The right to declare war neces¬ 
sarily includes the power to wage war by every means 
known to any nation, subject only to the limitations pre¬ 
scribed by international law. 

506 . Letters of Marque and Reprisal. Letters of marque 
and reprisal are commissions authorizing “ persons who are 
not in the regular service of the country to exercise the 
public power of warring upon and capturing vessels of the 
enemy upon the high seas.’’ ^ other words, such letters 
are commissions which license privateering. Most of the 
great powers except the United States have subscribed to 
the Declaration of Paris (1856), abolishing privateering 
as a means of waging war. Privateering was extensively 
used in the War of 1812 against Great Britain, but no priva¬ 
teers were licensed during the Spanish-American War. 

507 * Captures on Land and Water. The power to make 
rules concerning captures on land and water authorizes 
Prize regu- Congress to regulate the disposition of all property 
courte captured in time of war. Such captures may con¬ 
sist either of the persons or property of the enemy, 
or of neutral ships or goods taken while violating the rules 
of war; e.g.^ when neutral ships attempt to enter a port 
declared by one of the belligerents to be in a state of block- 

» Declarations of war were made by Congress at the outbreak of the War of 1812 and the 
Spanish-American War; while in 1846 Congress passed an act declaring that “ by the act 
of the Republic of Mexico a state of war exists between that government and the United 
States,” 

* Tucker, J. R., The Constitution cj the United States, ii, 578. 


MILITARY FUNCTIONS 


433 


adeA In the exercise of its authority concerning captures, 
Congress has enacted a complete code of prize regulations, 
and has established a system of prize courts. Congress 
may also enact temporary regulations for the government 
of territory of the enemy occupied by the forces of the 
United States, such territory being subject to final disposal 
through the treaty-making power vested in the President 
and Senate. 

508. Power to raise and support Armies. The con¬ 
stitution vests in Congress power “ to raise and support 
armies,” subject to the provision that “ no appro- Limitation 
priation of money to that use shall be for a longer power 
term than two years.” This limitation was designed as a 
check upon possible abuse of power by the President as 
commander-in-chief. Since army appropriations must be 
made every two years, the military branch of the govern¬ 
ment is completely dependent upon the will of Congress. 

The right to raise armies authorizes Congress to employ 
all means by which troops may be raised, even including 
a conscription or draft. “ Supporting ” armies Extent of 
and “maintaining” navies includes not only 
provision for food, clothing, transportation, equipment, and 
medical care of troops; but also authorizes the construction 
of forts, coast defenses, barracks, arsenals, depots, coaling 
and naval stations and yards. In fact, this clause empowers 
the federal government to employ all necessary and proper 
means which will further the country’s defense — it may 
manufacture arms and ammunition, build ships, educate 
ofiicers in military and naval science, organize war and navy 
departments, provide for the payment of bounties and 
pensions, and may even construct railways as a means 
of facilitating the transportation of troops and materiel 
of war. 

Throughout our history the standing army has been 

1 During the Civil War, about fifteen hundred vessels were captured or destroyed while 
entering or leaving blockaded ports. 


434 


GOVERNMENT AND POLITICS 


small except during actual war. Until 1898 the army on a 
peace footing numbered less than 27,000 men; but in 1901, 
shortly after the war with Spain, the President was author- 
The stand- ized to increase the army at his discretion to a 
ingarmy maximum of 100,000 men. Again in 1916, Con¬ 
gress authorized an increase in the regular army to a maxi¬ 
mum of about 250,000 men, but it proved impossible to 
recruit the army to its authorized strength. In time of peace 
the army is recruited out of volunteers between the ages 
of eighteen and thirty-five who succeed in passing a rigid 
physical examination. The ordinary peace duty of the 
army is to garrison military posts and stations, protect 
government property, and serve as a reserve force in case 
of disturbances with which State authority cannot cope. 

In time of war, troops may be raised in three ways. 
(1) By enrollment of volunteers, as in time of peace. (2) The 
Recruiting President may call upon the States to furnish 
In time of troops, under his power to call out the militia. 

(3) By conscription or draft, that is, the selection 
of men by lot for compulsory military service. The first two 
methods have been employed in nearly all of the important 
wars in which the United States has been engaged; draft¬ 
ing or conscription was resorted to during the Civil War, 
and during the War of 1917. 

509. Conscripting a National Army. As in the case of 
all our previous wars, the United States was almost wholly 
Our lack of Unprepared in April, 1917. This was especially 
prepared- true of our army, which was so small and so 
poorly equipped that Germany looked upon it with 
contempt. Our regular army numbered only about 150,000 
men, and we had no well-trained reserves, for our people 
had never favored universal military training. We had 
scarcely enough uniforms even for this small force, while 
there was a sad lack of rifles, machine guns, artillery, air¬ 
ships, and all the instruments of modern warfare. Congress 
and the President now set earnestly at work to organize 


MILITARY FUNCTIONS 


435 


the nation for war, and within a year great results were 
achieved. In May, 1917, Congress passed a law which 
created a new National Army, to be chosen by draft out of 
all the able-bodied men in the United States between the 
ages of twenty-one and thirty years, inclusive. In the fol¬ 
lowing June, 9,650,000 young men presented themselves 
for registration for war service; it was decided that the 
first installment to be called out in 1917 should number 
687,000, and that about the same number should be called 
in the year 1918. 

Nearly all of these men were without military training; so 
it was necessary to establish a number of immense camps 
where the men drafted for the National Army canton- 
could be assembled, and receive some training 
for the stern work ahead of them. Within a few months, 
sixteen cantonments, or great army camps, were constructed 
at different points throughout the United States. Each 
cantonment was really a complete city by itself, including 
nearly a thousand different buildings, with a total capacity 
of forty thousand men. The entire National Guard wai 
also called out, recruited to its war strength of 450,000 men, 
and sent into great tented camps. The regular army was 
increased by voluntary enlistment to 360,000 men; and by 
the close of the year 1917, nearly 1,500,000 soldiers were 
bearing arms for the United States. 

On May 31, 1918, the House of Representatives passed 
the largest annual army appropriation bill in history, and 
sent the measure to the Senate. This bill appropriated 
$12,041,682,000, and was designed to provide Miutaryaps 
for an army of three million men during the 
coming year, in accordance with the govern¬ 
ment’s revised program for rushing soldiers to France. 
Some of its big items were: $6,315,135,000 for the quarter¬ 
master corps; $3,396,000,000 for ordnance; $1,028,000,000 
for the engineers; $990,250,812 for aviation; and $267,000,- 
000 for the medical corps. 


43G 


GOVERNMENT AND POLITICS 


Appoint¬ 
ment and 
retirement 


510. Officers of the Army. The President is commander- 
in-chief of the army; and under him as acting head of 
Grades oi the administration is the Secretary of War. The 
officers grades of officers are general and lieutenant-gen¬ 
eral (titles given as honorary distinction in recognition of 
signal services); major-general, brigadier-general, colonel, 
lieutenant-colonel, major, captain, first and second lieu¬ 
tenant. The salaries of officers range from $8,000 for major- 
general down to $1700 for second lieutenant, with fixed 
increases after a certain length of service. 

Officers are appointed by the President subject to con¬ 
firmation by the Senate. Most of the higher officers are 
graduates of West Point; but in some cases they 
are appointed directly from civil life, and not 
infrequently men from the ranks are promoted 
to commands. Neither army nor naval officers may be 
removed in time of peace except by court-martial; but in 
time of war the President may remove summarily. Provi¬ 
sion is made by law for the compulsory retirement of offi¬ 
cers who have reached the age of sixty-four, and for their 
voluntary retirement after forty years of service. Retired 
officers receive for the remainder of their lives three fourths 
of the pay of their rank at retirement. 

511. Education of Officers. The necessity of professional 

training for military officers was realized at an early date, 
West Point Congress authorized the establish¬ 

ment at West Point, New York, of the Academy 

which has since become one of the famous military schools 
of the world. 

Under the present plan, each Senator, each congressional 
district, and each territory is entitled to one cadet at West 
Appoint- Point, appointed by the Secretary of War upon 
Sd?ts* nomination of the Senator or Representa¬ 

tive concerned. In addition, forty cadets are 
appointed at large by the President, these appointments 
being commonly given to the sons of army or naval officers. 


MILITARY FUNCTIONS 


437 


Appointees must be between the ages of seventeen and 
twenty-two years, and must pass a thorough physical and 
mental examination, the latter including the common 
branches, also the subjects usually given in the first two 
years of the high-school course. 

The course of instruction requires four years, and is 
chiefly mathematical and professional. Each cadet is paid 
by the government $700 per year, a sum about course of 
suflicient for his support. Only one leave of ab- 
sence is allowed during the four years, and this is granted 
at the end of the second year. Academic duties continue 
from September first to June first, the intervening months 
being spent in camp, where practical military training is 
given. Upon graduation cadets are commissioned as sec¬ 
ond lieutenants in the United States Army. 

Besides the Academy at West Point, the United States 
maintains several schools for more advanced military train¬ 
ing. These include the War College, the Engineer School, 
and the Army Medical School, at Washington, D.C.; 
the Army Service Schools at Fort Leavenworth, and the 
Mounted Service School at Fort Riley, Kansas; the Field 
Artillery School at Fort Sill, Oklahoma; the Coast Artillery 
School at Fortress Monroe, Virginia; garrison schools at 
each military post for the instruction of oflicers; and schools 
for the instruction of enlisted men, both in the common 
branches and in military subjects. Valuable military train¬ 
ing is also given in the State universities and agricultural 
colleges. 

512. Militia. On account of the traditional distrust of a 
standing army, the United States has always relied largely 
for its defense upon the militia, or citizen sol- Army Act 
diery. This reliance has proved a vain one in 
every war in which the United States has been engaged. 
Our history proves conclusively that only national troops 
under exclusive national discipline and control are ade¬ 
quate for national defense. Ignoring the lesson of history, 


438 


GOVERNMENT AND POLTflCS 


the Army Reorganization Act of 1916 placed its reliance 
for second-line defense upon the old militia system, re¬ 
vamped so as to provide for a larger degree of federal con¬ 
trol. 

Our national constitution provides that the President 
may call out the militia for three purposes, namely: to exe- 
Oontroiof cute the laws of the Union, suppress insurrec- 
tion, and repel invasion. Under this clause the 
President has no authority to send the militia outside the 
borders of the United States. The new militia act removes 
this restriction, authorizing the President to draft the State 
militiamen into the national service whenever Congress 
declares this necessary. In return for the surrender of their 
constitutional right to control their militias, the States are 
to divide an annual federal subsidy of $50,000,000. Na¬ 
tional guardsmen enlist for six years, three in the active 
organization, and three in the reserve. 

This plan in effect provides for forty-eight little stand¬ 
ing armies under dual control, that of the nation and the 
Defects of State. The inherent weakness of the militia sys- 
miiitia tern is that, like anything short of universal train¬ 
ing, it distributes the military burden unequally; 
and it always breaks down in practice. For example, in 
1916 the theoretical strength of the national guards in all 
the States was nearly 200,000 men. Two weeks after the 
President’s call, only 45,000 badly equipped militiamen 
had started for the Mexican border, and a large number 
of these were raw recruits who had never fired an army 
rifle. 

On four occasions — the Whiskey Rebellion (1794), 
the War of 1812, the Civil War, and the War of 1917, — 
Federal the militia were called out by the President. In 
service Civil War President Lincoln issued three 

calls for the militia as such, to the aggregate number of 
475,000 men. 

513. The Navy. Notwithstanding its splendid services 


MILITARY FUNCTIONS 


439 


In the War of 1812, and in the earlier struggle with the 
Barbary pirates (1801-1805), the American navy History 
remained small and neglected throughout the 
greater part of our history. Finally in 1882 came a change 
in policy, and in the following year many new vessels of 
the most approved type were constructed. The wisdom of 
maintaining an adequate navy was proven in the war with 
Spain, when the new navy first demonstrated its efficiency 
as a fighting force. Since that war the program of expan¬ 
sion has continued, until to-day the American navy is one 
of the most powerful in the world, being second only to that 
of Great Britain. 

On entering the World War in 1917, a great expansion 
of our navy was necessary in order to protect our troops 
while crossing the ocean, and to aid in hunting Expansion 
down the enemy’s submarines. The number of 
men in the Navy and Marine Corps was increased to 250,- 
000 ; while every battleship and cruiser was fully manned, 
and thousands of expert gunners were placed on board 
American merchantmen. Contracts were let for the con¬ 
struction of hundreds of naval vessels of every type, from 
superdreadnoughts to submarine chasers. Many privately 
owned vessels, yachts, and fast motor boats were taken 
over by the government and transformed into patrol boats, 
submarine chasers, and mine sweepers. The German mer¬ 
chant ships and liners which had taken refuge in American 
ports were seized and made ready for the transportation 
of troops and supplies. Within a month after war was de¬ 
clared, United States destroyers and battleships were in 
European waters, prepared to cooperate with the fieets of 
Great Britain and France. “ When will you be ready for 
business? ” asked the British commander as our flotilla ar¬ 
rived off the British shores on May 4. “ We can start at 
once,” replied the American admiral. “ We made prepara¬ 
tions on the way over. That is why we are ready.” 

The official head of the navy is the President as com- 


440 


GOVERNMENT AND POLITICS 


Ofilcers 


man der-in-chief, next in authority being the Secretary, of 
Department Navy. The department organization includes 
organiza- eight bureaus for the management of the vari- 
ous branches of naval administration. Of these 
the most important is the Bureau of Navigation, which has 
charge of the personnel of the service and the direction of 
the fleet. Strategical and tactical matters are under the 
control of a General Board, corresponding to the General 
Staff of the Army. 

The grades of officers in the line of the navy are admiral, 
vice-admiral, rear-admiral, captain, commander, lieutenant- 
commander, lieutenant, lieutenant (junior grade), 
and ensign. Salaries of officers range from $13,- 
500 for admiral down to $1700 for ensigns, with increases 
proportionate to length of service. All officers of the navy 
are retired at sixty-two years, or after forty-five years of 
service, receiving for life three fourths of the pay of their 
rank at retirement. ^ 

514. Education of Officers. The naval school correspond¬ 
ing to West Point is the United States Naval Academy at 
United Annapolis, established in 1845. At present two 
midshipmen are allowed for each Senator, Rep- 
Academy resentative, and delegate in Congress, two for 
the District of Columbia, and fifteen each year from the 
enlisted personnel of the navy. These are appointed by the 
Secretary of the Navy upon the nomination of the indi¬ 
vidual Senators, Representatives, or delegates. In addition, 
the President appoints one midshipman from Porto Rico, 
and ten at large from the United States. Candidates for 
appointment must be between sixteen and twenty years 
of age, and must pass entrance examinations similar to 
those required at West Point. 

The six-year course of instruction corresponds in many 
respects to that given in advanced technical schools. The 
last two years of the course are spent at sea, after which 
come the final examinations. There are annual practice 


MILITARY FUNCTIONS 


441 


cruises from June 1 to September 1. Midshipmen are paid 
$600 annually from the date of admission, and upon grad¬ 
uation receive commissions as lieutenants of junior grade. 

Advanced naval instruction is given in the Naval War 
College at Newport, Rhode Island, where officers are in¬ 
structed in speeial branches, and plans prepared other naval 
for naval operations. Other sehools are the Naval 
Torpedo School at Goat Island, the several apprentiee 
training sehools for enlisted men, and the gunnery training 
schools for both officers and men. 

515. Rules for the Government of Land and Naval 
Forces. The power “ to make rules for the government 
and regulation of the land and naval forces ’’ is necessarily 
included in the power to declare war, and to raise Military 
and maintain armies and navies. At an early 

date. Congress adopted rules and articles for the government 
of the army and navy, thus establishing a code of military 
law for the government of land and naval forees. Petty 
offenses in both army and navy may be punished by the 
commanding officer; while more serious offenses are tried 
by court-martial. 

516. Military Pensions. The pension system of the 
United States dates from the Revolutionary War, at which 
time the Continental Congress promised pensions 

for soldiers who should be disabled, and for the 
families of those who perished in the struggle. 

This promise was carried out in 1792 by the enaetment of a 
general pension law; and since that time the United States 
has provided more generously for those who have fought for 
its flag than any other nation in the world. In addition 
to a disability pension, the soldiers of the Revolutionary 
War, of the War of 1812, and of the Mexican and Indian 
wars, were given grants of public lands amounting in effect 
to a service pension. 

Down to the Civil War, expenditures for pensions did not 
exceed $3,000,000 per year, and at the beginning of that 


442 


GOVERNMENT AND POLITICS 


struggle there were only 8636 pensioners on the rolls. Early 
oivuwar in the Civil War, Congress pledged the public 
pensions faith that those who were disabled in that terrible 
conflict, and also the families of those who were killed, 
should be provided for by the government. Accordingly, by 
the act of 1862, pensions were granted to disabled soldiers, 
and also to the widows of those who had fallen. Under 
this law, expenditures for pensions increased rapidly, but 
in no year before 1890 did the amount reach $100,000,000. 
In that year an act was passed which greatly broadened 
the scope of the system by granting pensions to all per¬ 
sons who, having served in the Civil War, had become 
for any reason unable to earn a livelihood. 

The last act for the benefit of Civil War veterans (passed 
in 1907) provides a service pension for all who served in the 
war, regardless of disability. At the present time there are 
about 900,000 pensioners on the rolls. ^ Since the establish¬ 
ment of the national government in 1789, the total cost 
to the United States for pensions is estimated by the Com¬ 
missioner of Pensions at four billion dollars. Over 90 per cent 
of this enormous sum resulted from the Civil War, the total 
expenditure for Civil War pensions having now exceeded the 
original cost to the federal government of the war itself. 

A better plan was worked out when the United States 
entered the great World War, by which the government 
insurancB provided insurance for men in the army and navy, 
for soldiers A Bureau of War Risk Insurance in the Treas¬ 
ury Department insured the men at rates about 
equal to what they would pay in time of peace. Tiic 
government also made a family allowance for each man 
who had a wife or children dependent upon him, and pro¬ 
vided a fixed compensation in case of his death or disa¬ 
bility resulting from service. 

‘ In addition to the pensions granted under general laws, many claims rejected by the 
Pension Bureau have been allowed by Congress in special acts, in all about 10,000 such 
acts have been passed since 1861, granting pensions to persons who could not bring the 
necessary proof before the Pension Bureau. 



Courtesy, Navy Department 

U. S. BATTLESHIP NORTH CAROLINA 





San Franclaoo 


Manil 


•TLfTUILA 


THE UNITED STATES AND ITS POSSESSIONS 
Shown by shading, and by names in heavy type. 


TERRITORIAL GROWTH OF THE UNITED STATES 


Area of the Original Thirteen States 


1789 892,135 

Louisiana Purchase 1803 .... 827,986 

Oregon 1805-1846 . 286,541 

Florida Purchase 1819.72,101 

Texas Annexation 1845 .... 389,166 


Mexican Cessions 1848-1853 . . 558,860 

Virgin Islands, 1917 


Alaska 1867 590,884 

Hawaiian Islands 1898 .... 6,449 

Porto Rico 1898 . 3,435 

Guam, Wake and Tutuila Islands 

1898-1899 . 287 

Philippine Islands 1898 .... 115,026 
Panama Canal Zone 1904 .... 436 

.150 


Total Area of United States and its Possessions. 3,743,456 

Total Area oj Europe ... 3,754,282 







































MILITARY FUNCTIONS 


443 


GENERAL REFERENCES 

Ashley, R. L., The American Federal State (1903), secs. 304-307. 

Beard, C. A., American Government and Politics (1910), ch. xvii. 

Readings in American Government and Politics (1910), ch. xvii. 
Black, H. C., American Constitutional Law (1897), pp. 220-224. 

Fairlie, J. A., The National Administration of the United States (1905) 
chs. IX, X. ’ 

Glasson, W. H., Military Pension Legislation in the United States (1900), 
Columbia Univ. Studies, xir, no. 3. 

Harrison, B., This Country of Ours (1903), chs. xiii, xvi. 

Hart, A. B., Actual Government (1903), ch. xxv. 

McClain, E., Constitutional Law in the United States (1905), ch. xvii. 
Pomeroy, J. N., Constitutional Law of the United States (1888), secs. 441- 

Reinsch, P. S., Readings on the American Federal Government (1909), ch. xr. 
Tucker, John R., The Constitution of the United States (1899), pp. 576-597. 
Upton, Emory, The Military Policy of the United States (1904). 


QUESTIONS AND EXERCISES 

1 . Name the causes, principal battles, and results of each of the great wars 
which the United States has waged. 

2 . Name several restrictions imposed by international law upon methods 
of warfare. 

3. What are the rights and duties of neutrals with regard to belligerent 
powers? 

4. Prepare a report upon the President’s military powers in time of war. 

5. What is martial law? May a civilian be court-martialed? 

6 . May the property of individuals be confiscated as a war measure? 

7. Have our recent territorial acquisitions involved any change in our 
historic military policy? 

8 . W’hat is the present strength of our standing army? Into what de¬ 
partments is it organized? Who is the commanding general? 

9. What was the amount of last year’s appropriation for the army? For 
the navy? For coast defense? For pensions? Do you consider the 
total appropriation for military purposes excessive? 

10 . Assuming that preparation for war is a necessity, which should re¬ 
ceive most attention, the army, navy, or coast defense? 

11 . Describe the principal defenses of the Pacific coast; of the Atlantic 
coast. 

12 . Give an account of the United States Military Academy; of the United 
States Naval Academy. 

13. Give an account of the achievements of our navy in the Spanish- 
American War; in the World War. 

14. Compare our navy with that of Great Britain, Germany, France, and 
Japan. 

15. Give an account of recent pension legislation. 

16. Suggested readings upon the army and navy: Reinsch, P. S., Readings, 
pp. 610-650. 



CHAPTER XXXV 


MISCELLANEOUS POWERS 

517. Control of Naturalization. Under the constitution, 
Congress has exclusive power to establish a uniform rule on 
Allens and the subject of naturalization; or in other words, to 
citizens determine the conditions upon which aliens may 
become citizens. An alien is a person who by reason of his 
foreign birth is not entitled to the privileges of American 
citizenship. Citizens are of two classes — native-born and 
naturalized. In general, all persons born within the United 
States, as well as the children born abroad of American 
parents, are native-born citizens. Naturalized citizens are 
aliens who have attained citizenship through the process 
of naturalization. 

518. Process of Naturalization. The method of naturali¬ 

zation prescribed by Congress requires a minimum residence 
Declaration in this country of five years. ^ At least two years 
of intenuon g^al admission, the alien must declare 

on oath that it is his intention to become a citizen of the 
United States, and to renounce forever his allegiance to the 
foreign country of which he is a subject or citizen. This 
declaration is made before a circuit or district court of the 
United States, or before a court of record of the State in 
which the applicant resides.^ The declaration of inten¬ 
tion sets forth the applicant’s name, age, occupation, per¬ 
sonal description, place of birth, last foreign residence 
and allegiance, date of arrival in the United States, and 
present residence. The declaration is recorded and a 
certified copy furnished the applicant, who is then said 

1 This has been the required term since 1795 except during the years 1798-1802, when 
it was fourteen years. 

* The State court must be one of common law jurisdiction, having a seal and a clerk. 


MISCELLANEOUS POWERS 445 

to have taken out his first papers or to have made his 
declaration. 

Not less than two nor later than seven years from the 
declaration of intention, the applicant may present to the 
court a petition signed in his own writing and Final 
duly verified, requesting admission to full citizen- 
ship. This sets forth the fact that the petitioner has been a 
resident of the United States at least five years continuously, 
and of the State or district where the court is held at least 
one year; that he is not opposed to organized government, 
and is not a believer in polygamy; and that he absolutely 
and forever renounces all allegiance to the foreign country 
of which he has been a citizen. Finally, the applicant must 
declare on oath in open court that he will support the con¬ 
stitution of the United States. Two witnesses must testify 
to his term of residence; and if it appears to the satisfaction 
of the court that during that time he has conducted himself 
properly, he may be admitted to citizenship. The privilege 
of naturalization is not accorded to aliens of all races, but 
is limited to “ aliens being free white persons, and to aliens 
of African nativity and persons of African descent.’* ^ A 
record of the naturalization of aliens is kept by the Bureau 
of Naturalization, one of the divisions of the Department 
of Labor. The naturalization of an alien includes his wife 
and minor children residing in this country. 

519. Naturalization of Communities. When foreign 
territory is annexed to the United States, Congress may 
pass a general act conferring citizenship upon the inhabit¬ 
ants of such territory. This was done upon the annexation 
of Texas, New Mexico, and California, and shortly after 
the annexation of Hawaii. The inhabitants of Porto Rico 
were made citizens of the United States in 1917; the Filipi¬ 
nos are entitled to the protection of this country, but are 
not citizens. 


* The naturalization of Chinese is expressly prohibited by act of Congress; nor may citi¬ 
zenship be conferred upon aliens who cannot speak English. 


m 


GOVERNMENT AND POLITICS 


ot citizen¬ 
ship 


520 . Effects of Naturalization. The result of naturaliza¬ 
tion is to confer practically all the privileges of native-born 
Privileges citizens, except that of eligibility to the Presi¬ 
dency or Vice-Presidency.^ Naturalized citizens 
become citizens of the State or territory in which 

they reside, as well as of the United States. Naturalization 
does not of itself confer the right of suffrage, since the right 
to vote comes from the State, and the qualifications for suf¬ 
frage are determined by State laws. But most States con¬ 
fer the right to vote upon all citizens of the United States 
who have resided within the commonwealth for one year; 
and eleven States even permit aliens to vote, provided 
they have declared their intention of becoming citizens. 

521 . Power over Bankruptcy. A bankruptcy law is one 
which provides for the equitable division among his credi- 
Bankruptcy tors of the property of an insolvent debtor, where- 
laws upon the latter is discharged from legal liability 
for the remainder of his debts. The object of a bankruptcy 
law is to afford relief to the debtor who is hopelessly in¬ 
solvent, while also securing to each creditor payment of a 
proportionate share of his claim. 

The constitution vests in Congress power to establish 
uniform laws on the subject of bankruptcy throughout the 
United States. If Congress does not exercise this 
power, the States may pass laws dealing with the 
subject; but when Congress passes a national bank¬ 
ruptcy act, State bankruptcy laws are thereby suspended, 
the federal law operating throughout the entire Union. 

On four occasions in our history. Congress has exercised 
Federal power, but most of the federal bankruptcy 

laws have been of brief duration. Thus the bank¬ 
ruptcy act of 1800 was repealed in 1803; that of 
1841 in 1843; that of 1867 in 1878; while the law passed in 
1898 remains in force. 


Federal 
and State 
legislation 


* At least seven years of citizenship is required in order to be eligible to the House ol 
Qeprwentatives, and nine years for the Senate. 


MISCELLANEOUS POWERS 


447 


522. Power over Copyrights. In order to promote the 
progress of science and the useful arts, the constitution vests 
in Congress the power to enact copyright laws, copyright 
whereby the works of authors may be protected. 

A copyright law is one which secures to an author the 
exclusive right to print, publish, and sell his writings, and 
generally the exclusive right to dramatize them. The present 
law grants a copyright for a term of twenty-eight years, 
and provides for a renewal by the author (or the widow, 
widower, or children of the author, or next of kin) for the 
further term of twenty-eight years. ^ 

In order to secure copyright on a book or other work 
reproduced in copies for sale, the work must be published 
with the copyright notice; and promptly after securing a 
publication, two copies of the best edition must ®®py*’***^* 
be sent to the copyright office at Washington, together with 
an application for registration, accompanied by the fee of 
one dollar. In the case of books by American authors, an 
affidavit is required stating that typesetting, printing, and 
binding of the book have been performed within the United 
States. 

Repeated attempts have been made to secure the enact¬ 
ment of an international copyright law, but as yet such 
efforts have proven unavailing. Many nations, i„terna- 
including the United States, grant copyrights tionai 
to citizens of foreign countries provided the for¬ 
eign country grants reciprocal rights. The benefit of our 
copyright law to foreign authors is greatly restricted by the 
requirement that in order to secure protection, the book 
(if in the English language) must be printed in the Unitec 
States. 2 

523. Patents. Congress has authorized the granting of 
patents securing to inventors for a limited period the ex- 

* Copyright protection is granted to books and periodicals, maps, dramatic or musical 
compositions, photographs, works of art, or designs for works of art, sermons, and lec¬ 
tures. 

* Books of foreign origin in a language other than English need not be manufactured in 
the United States in order to secure the copyright. 


448 


GOVERNMENT AND POLITICS 


elusive right to make, manufacture, and sell their inventions. 
What may Patents may be granted to any person who has in- 
be patented yetted or discovered any new or useful art, ma¬ 
chine, manufacture, or composition of matter, or any new 
and useful improvement thereof; or any new or original 
design for an article or manufacture.^ Patents are valid 
for a period of seventeen years. 

Patents are issued through the Patent Office, a bureau 
of the Department of the Interior since 1849. Applications 
AppUca- must be made in writing to the commissioner 
of patents, the applicant being required to state 
under oath that he believes himself to be the original in¬ 
ventor of the article upon which he seeks a patent. The 
application must be accompanied by a written description 
of the invention, giving all the specifications in a full, clear, 
and concise manner. The description is generally accom¬ 
panied by drawings, and if necessary the inventor may be 
required to furnish a model. ^ 

Upon receipt at the Patent Office, the application is re¬ 
ferred to the proper examiner to decide whether the article 
Decision invention, and whether it possesses novelty 

concerning and utility.^ If the examiner reports favorably, 
the patent is issued; if his decision is adverse, 
the applicant may appeal to the board of examiners, and 
from their decision to the commissioner of patents, and 
finally to the court of appeals of the District of Columbia. 

An infringement of a patent consists in wrongfully mak¬ 
ing, using, selling, or otherwise dealing with a patented 
Infringe- invention. Infringements of patents give rise 
to much litigation, and in such cases the patentee 
has two remedies: he may sue at law for damages; or he may 


* The article must be one not patented or described in any printed publication in this or 
any foreign country prior to the invention, and not in public use or on sale in the United 
States for more than two years prior to the application. 

* The fee on filing an application for a patent is fifteen dollars; on issuing the patent, 
twenty dollars. All patented articles must be marked with the word “patented,” together 
with the exact date on which the patent was granted. 

* The requirement as to utility is very liberally interpreted. 


MISCELLANEOUS POWERS 


449 


apply to a court of equity for an injunction restraining the 
infringer from continuing his acts, praying also for damages 
for the injuries sustained. 

The Patent Office with its collection of valuable models 
is one of the most interesting of the government bureaus. 
The office performs an economic service of the 
highest importance in encouraging invention; Patent 
and it is estimated that one third of the world’s 
important inventions originate in the United States. Since 
1837 nearly one million patents have been issued. 

524 . Trade-Marks. By acts passed in 1870 and 1876, 
Congress attempted to establish a universal system of trade* 
mark registration in order to secure to owners of Federal 
trade-marks the exclusive right to their use. These 

acts were held unconstitutional by the Supreme Court, 
since a trade-mark is not an invention, discovery, or writing 
within the meaning of the clause of the constitution re¬ 
lating to patents and copyrights. Further, the acts could 
not be sustained under the commercial power, because they 
were not limited to trade-marks used in foreign and inter¬ 
state commerce. In 1881, Congress passed a statute deal¬ 
ing with the same subject, but limited in its scope to trade¬ 
marks used in foreign and interstate commerce. 

525 . Weights and Measures. Although expressly au¬ 
thorized by the constitution to fix the standard of weights 
and measures, Congress has done little in the AcUonby 
exercise of this power. Legislation has been 
enacted providing a standard troy pound for the regulation 
of the coinage (1828), establishing uniform standards for 
use in the customs and internal revenue service, and mak¬ 
ing permissive but not obligatory the use of the metric 
system. 

In the absence of exclusive congressional legislation, each 
State has the right to adopt its own standard of The state 
weights and measures. The States have retained 
the old English standards, instead of adopting the metric 


450 


GOVERNMENT AND POLITICS 


system used throughout the greater part of the civilized 
world. Whenever Congress sees fit to establish a national 
standard, these State laws will be superseded, just as in the 
case of a national bankruptcy law. 

526 . Federal Power over Crimes. The power of Con¬ 
gress to define and punish crimes is either expressly granted 
Express by the constitution, or necessarily implied in the 
powers grant of other powers. Authority is expressly 
conferred to deal with the following crimes: ( 1 ) coun¬ 
terfeiting; ( 2 ) piracies and felonies committed on the 
high seas; (3) offenses against international law; and 
(4) treason. 

Congress has implied power over a large number of 
crimes, this authority being indispensable to the effective 
impUed exercise of the law-making function. Thus the 
powers power to establish post offices and post roads 
necessarily implies power to punish the crime of robbing or 
obstructing the mails; the power to levy customs duties 
and excises requires provision for penalties at every step; 
while the right to control foreign affairs and to regulate 
foreign commerce authorizes such a measure as the Espion¬ 
age Act of 1917. This law forbids the disturbance of for¬ 
eign relations by false statements and conspiracies, pro¬ 
vides penalties for attempts to endanger the safety of a 
vessel or its cargo, and authorizes the Postmaster-General 
to exclude from the mails all matter deemed seditious, 
anarchistic, or treasonable. 

527 . Counterfeiting. Congress is expressly empowered 
to “ provide for the punishment of counterfeiting the se¬ 
curities and current coin of the United States.” Counter¬ 
feiting includes not only the manufacture of forged coins 
and securities, but also passing them when made, or having 
them in possession with intent to pass them. The term also 
includes the counterfeiting or passing counterfeits of excise 
and postage stamps, stamped envelopes, postal cards, let¬ 
ters patent, postal money orders, custom-house certificates, 


MISCELLANEOUS POWERS 


451 


land-warrants; and also the coins, notes, and bonds of for¬ 
eign governments. 

528. Piracy. Congress is empowered to define and punish 

piracies and felonies on the high seas, and offenses against 
the law of nations. Piracy as the word is used meaning 
in international law denotes robbery or forcible inintema- 
depredations committed on the high seas. The ” * 

jurisdiction of a country over the adjacent sea ordinarily 
extends to a line three miles beyond low-water mark; but 
the high seas or ocean lying outside this line form the 
highway of nations, subject to their common jurisdiction. 
Pirates may be lawfully captured on the ocean by the ships 
of any nation, and every country has jurisdiction to punish 
them, since they are regarded as the common enemies of 
mankind. The universal penalty for piracy is death. 

Since Congress has power to define piracy, it may enlarge 
the definition so as to include other crimes than piracy as 
known to the law of nations. Accordingly, Con- Extension 
gress has provided that certain other offenses 
shall be deemed piracy, such as the slave-trade, mm-der on 
the high seas, and acts of hostility against the United 
States or its citizens under color of a commission from a 
foreign state. 

529. Offenses against the Law of Nations. Congress also 
has power to punish offenses against the law of nations. 
Instances of the exercise of this power are to be found in the 
neutrality laws which forbid the fitting-out of armed vessels 
or the enlisting of troops within the United States for the 
use of a belligerent power. Another example is the law 
which prohibits the organization within the boundaries of 
the United States of armed expeditions against friendly 
nations. 

530. Treason. Since treason aims at the very life of 
government, it has always been considered the common- 
most serious of crimes, and punished with the 
severest penalties. At the ancient common law the defini- 


452 


GOVERNMENT AND POLITICS 


tion of treason was left largely to judicial discretion; and as 
a result many offenses were included in the class of con¬ 
structive treason, subjecting those who committed them 
to the most barbarous punishment. Finally in the reign of 
Edward III, Parliament swept away the doctrine of con¬ 
structive treason by a statute declaring and defining all 
the different branches of treason. 

Similarly the framers of the constitution, in order to 
prevent legislative or judicial extension of the term, inserted 
Treason instrument the definition of treason as con- 

under the sisting only in levying war against the United 
States, or adhering to its enemies, giving them 
aid and comfort. To constitute this crime, war must be 
actually levied against the United States; a conspiracy to 
subvert the government by force, although criminal, is not 
treason.^ As an additional safeguard to a person accused 
of treason, the constitution declares that there shall be no 
conviction except on the testimony of two witnesses to the 
same overt act, or on confession in open court. 

Death in the most terrible form was the common-law 
punishment for treason, besides corruption of blood and 
forfeiture of the estate of the offender. Corrup¬ 
tion of blood meant the destruction of all inherit¬ 
able qualities in the person, so that he could not succeed as 
heir to any lands, nor could others inherit property from 
or through him. His estate was permanently forfeited 
to the crown. These severe punishments were prohibited 
by the constitution, which provides that no attainder 
(conviction) of treason shall work corruption of blood; 
while forfeiture of estate is permitted only during the 
lifetime of the person convicted. The penalty for treason 


Penalties 


1 “On the contrary, if war be actually levied, that is, if a body of men be actually as¬ 
sembled for the purpose of effecting by force a treasonable purpose, all who perform any 
part, however minute, or however remote from the scene of action, and who are actually 
leagued in the general conspiracy, are traitors. And one is adherent to the enemies of the 
country, and giving them aid and comfort, when he supplies them with intelligence, furnishes 
them with provisions or arms, treacherously surrenders to them a fortress, and the like.’* — 
Ex parte Bollman, 4 Cranch, 75. 


MISCELLANEOUS POWERS 


4j3 


under existing laws is death; or at the discretion of the court, 
imprisonment for five years at hard labor, with a fine of not 
less than $10,000, and perpetual disqualification for office 
under the United States. 

GENERAL REFERENCES 

Andrews, Jas. D., American Law (1900), ch. xviii. 

Ashley, R. L., The American Federal State 0903), pp. 212-218, 270. 278. 
280,309. 

Black, H. C., Constitutional Law (1897), pp. 207-219, 600-603. 

Cooley, Thos. M., Constitutional Law (1898), pp. 88-89, 94-97, 104. 

Hart, A. B., Actual Government (1903), pp. 16-21, 492-496, 578. 

James, J. A., and Sanford, A. H., Government in State and Nation ( 1903 ), 
pp. 222 - 232 . 

McClain, E., Constitutional Law (1905), pp. 92-99, 173-181. 

Pomeroy, J. N., Constitutional Law (1888), secs. 385-407, 413-440. 

Story, Joseph, Commentaries on the Constitution (5th ed., 1905), secs. 1102- 
1115, 1151-1167, 1295-1301. 

Tucker, J. R., The Constitution of the United States (1899), ii, pp. 558-565, 
572-573, 616-624. 


QUESTIONS AND EXERCISES 

1 . Describe fully the Alien and Sedition laws. What were the political 
results of these measures? 

2 . Should our present requirements for naturalization be increased? Give 
reasons. 

3. Can persons of all races become naturalized? 

4. How may an American citizen lose his citizenship? 

5. When the father of a family becomes naturalized, what is the status 
of his children of foreign birth? Of those born in the United States? 

6 . Give arguments for and against a federal bankruptcy law. 

7. What recent change has been made in the term for which copyrights 
are granted? Why do foreign authors complain of our copyright law? 

8 . Name five of the greatest inventions patented by Americans. 

9. What arguments can you give for and against the establishment by 
federal law of the metric system of weights and measures? 

10 . How may a trade-mark be protected? 

11 . Give historical examples of treason against the United States. What 
punishment was imposed? 

12 . Name several crimes against federal law. What court has jurisdiction 
over these offenses? (See Sec. 407.) 


CHAPTER XXXVI 


HISTORY AND ORGANIZATION OF POLITICAL PARTIES 

531. Importance of Political Parties. In the United 

States political parties are the great motive force by which 
Motive machinery of government is moved. Federal 

power of and State constitutions and statutes form the 
government foundation of government; but even the 

provisions of the written constitution have been profoundly 
modified through the action of party organizations. In both 
legislation and administration, the will of the people is 
generally expressed, however crudely, through the agency 
of pohtical parties. Hence some knowledge of party history 
and organization is essential to a clear understanding of 
our institutions and government; for broadly speaking, it 
is by the parties that the business of government is con¬ 
ducted, and it is largely owing to their influence that our 
political institutions have assumed their present form. 

532. Functions of Parties. Four principal functions are 
performed by parties in carrying on the work of government. 
(1) Parties afford a means of crystallizing and unifying 
public sentiment upon the questions of the day.^ The citi¬ 
zens united in a party are usually in substantial agreement 
upon certain policies, and by the adoption of a party plat¬ 
form these principles are placed before the voters for ap¬ 
proval or rejection. (2) Parties supply the machinery by 
which the great majority of elective officers are nominated, 
thereby enabling the party voter to cast his ballot for can¬ 
didates of his own political faith. (3) They are the agencies 
by which political campaigns are conducted, the manage- 

> “The true oflBce of the elaborate apparatus used to work up popular excitement over 
party issues is to energize the mass of citizenship into political activity.” — Ford, H. i.. 
The Rise and Growth of American Politics, p. 305. 


POLITICAL PARTIES 


455 


ment of which is entrusted to various party committees. 
( 4 ) Parties provide an agency for the control of executive 
and legislative policies and agents.^ Under our system 
of distributing powers among the several departments of 
government, parties afford a valuable means of unifying 
and harmonizing the legislative and executive branches. If 
a party secures control of both these departments, it there¬ 
by becomes morally responsible for carrying out the poli¬ 
cies outlined in its platform. Hence, although executive 
and legislative officers possess independent powers under 
the constitution, they must work in harmony to carry out 
the policies of the political party to which they owe a com¬ 
mon allegiance. 

533. Origin of Parties. The history of our political par¬ 
ties commences with the Constitutional Convention of 
1787 . The first issue which led to the rise of Theconsu- 

parties was the question of the formation and tuUonai 

. ^ Oonventlon 

adoption of the federal constitution. One party, 

the Nationalists, later called the Federalists, favored a 
strong authority to which the States should be distinctly 
subordinated. Another group, composed chiefly of dele¬ 
gates from the small States, maintained that the several 
commonwealths ought to retain all the important powers 
of government, the national government controlling only 
such matters as foreign relations and national defense. 

534. The Federalists (1788-1816). The Federalists came 
into power upon the ratification of the constitution, and 
remained in control of the government until 

1801 .2 Their chief support came from the com¬ 
mercial classes of New England and the small Middle States, 
and from the wealthy and conservative class in general. 
In foreign affairs the Federalists favored Great Britain, 


1 “The occasion for it (party organization) was the need of means of concentration so 
as to establish a control over the divided powers of government. Party machinery was de¬ 
vised under the stimulus of necessity and has been submitted to because there was no 
help for it.” — Ford, H. J., The Rise and Grotcth of American Politics, p. 297. 

» Although Washington was not a member of either party, he was by force of circum¬ 
stances as well as by natural inclinations practically in accord with the Federalists. 


456 


GOVERNMENT AND POLITICS 


Downfall 


Origin 


viewing French republicanism with alarm and dread. Their 
party stood especially for three principles: first, a strong 
central government; second, a liberal construction of the 
constitution so as to extend as widely as possible the powers 
of the federal government; ^ and third, rule by the leaders. 

The aristocratic tendencies of the Federalist party fore¬ 
doomed it to failure with the growth of the spirit of democ¬ 
racy. The enactment of the Alien and Sedition 
laws was a serious political blunder, and the party 
never regained control of the government after its defeat 
in 1800. With the close of the War of 1812 (to which the 
Federalists had been bitterly opposed), that party dis¬ 
appears from our political history. 

535 . The Democratic-Republican Party ( 1788 - 1820 ). 
After unsuccessfully opposing the ratification of the con¬ 
stitution, the anti-federalists accepted the situa¬ 
tion, but insisted that the terms of that instru¬ 
ment should be so construed as to forbid an extension of 
the powers of the federal government beyond those ex¬ 
pressly granted. Soon this party became known as the 
“ Republican ” or “ Democratic-Republican,” because of its 
sympathy with the Republican party in France. In earlier 
years it derived its main support from the South and the 
agricultural classes, as well as from the poorer class generally. 

Its main principles were first, a strict construction of 
the federal constitution, so as to restrict to a narrow 
Principles powers of the national government; and 

second, rule by the common people, with espe¬ 
cial care for the rights of individuals. ^ The Democratic- 
Republican party had continuous control of the govern¬ 
ment from 1801 until 1825; but the force of circumstances 
during these years compelled a considerable modification 
of its principle of opposition to the extension of federal 
power. When the Federalists were in power, such policies 


^ Hence the party is sometimes called a liberal or loose construction party. 

* As pointed out by Bryce, the Republicans claimed to be the apostles of Liberty, while 
the Federalists represented the principle of Order. 


POLITICAL PARTIES 


457 


as the assumption of State debts, the establishment of a 
United States Bank, and the adoption of a system of in¬ 
direct taxation were denounced by the Republicans as 
unwarrantable usurpations of power. But on gaining con¬ 
trol of the national government, Jefferson and his followers 
did not hesitate to extend the domain of federal power. 
The Embargo Act and the annexation of Louisiana proved 
that whatever their theoretical principles as a party of 
opposition, the Republicans would not hesitate to adopt a 
strong national policy when in power. 

536. Reorganization of Parties (1820-1830). The reelec¬ 
tion of Monroe in 1820 by every electoral vote save one 
marked the obliteration of old party lines; and period of 
the following decade was a period of transition 

during which factions were opposed on personal and sec¬ 
tional grounds, rather than on account of party principles. 
Gradually about 1830 two great parties were again formed, 
one of which took the name of the Democratic party, the 
other being known first as the National-Republican, and 
later as the Whig party. 

537. The Democratic Party (1830-1856). The new 
Democratic party, organized under the leadership of An¬ 
drew Jackson, adopted the principles and tradi- pyjjjgjpjgg 
tions of the Jeffersonian Republicans. It was the 
champion of States* rights and of a strict construction of 
the constitution; and hence it opposed the United States 
Bank, likewise the protective tariff, and the policy of in¬ 
ternal improvements carried on by the federal government. 

538. The National Republican or Whig Party (1830- 
1856). Under the leadership of Clay and Webster, the 
Whigs adopted many of the views formerly held History and 
by the Federalists, such as the encouragement 

of manufactures by a protective tariff, and the expenditure 
of public money for internal improvements.^ Throughout 

1 The Whigs, like the Federalist party, derived their chief support from New England and 
the small Middle States. 


458 


GOVERNMENT AND POLITICS 


most of its history the Whig party was one of opposition. 
Although it succeeded in electing two Presidents, only 
once did it have both the Presidency and Congress within 
its control; and on that occasion the death of Harrison and 
the succession of Tyler (who was in fact a Democrat) 
prevented the adoption of Whig policies. The party was 
discredited by the Compromise of 1850 , and became hope¬ 
lessly divided upon the slavery issue. It received a crush¬ 
ing defeat at the presidential election of 1852 , and in the 
same year the death of its great leaders, Clay and Web¬ 
ster, marked its final overthrow. 

539. Second Reorganization of Parties (1852-1860). By 
1850 slavery had become the one great political issue in 
Disruption spite of the efforts of the parties to evade the 

question. During the next few years parties were 

reconstituted on the question of the extension of 
slavery. By this time the Democratic party had passed 
under the control of the pro-slavery element. The presi¬ 
dential elections of 1852 and 1856 resulted in the choice of 
Democratic candidates; but in the election of 1860 the 
party was divided upon the slavery issue, the Northern 
wing of the party nominating one candidate, and the South¬ 
ern wing another. 

Meantime a new party organization had come into exist¬ 
ence, formed out of various elements opposed to slavery 
Republican —the abolition Whigs, the anti-slavery Demo- 
party crats, the Liberty party, and the Free Soilers. 
This was the Republican party, which, although unsuc¬ 
cessful in the election of 1856 , succeeded in electing Abra¬ 
ham Lincoln in 1860 . The Republicans proclaimed as a 
fundamental principle the right and the duty of Congress 
to prohibit slavery in the territories, and the success of 
their party at the election of 1860 was soon followed by the 
secession of eleven slave States. 

540. Parties since i860. Although the great body of 
Northern Democrats were stanchly loyal to the Union, 


POLITICAL PARTIES 


45a 


their party was disrupted by the Civil War, the Republi¬ 
cans remaining in uninterrupted control of the poiiUcai 
government from 1860 to 1884. Until 1880 the 
parties were divided principally over issues arising from 
the Civil War, especially the question of reconstruction. 
From 1880 to 1892, the tariff question was the prominent 
issue, the Republicans favoring a protective tariff, and the 
Democrats a tariff for revenue only. From 1892 to 1900, 
the silver question was the all-absorbing issue, the Repub¬ 
licans favoring gold monometallism, the Democrats bi¬ 
metallism at the ratio of 16 to 1 . Since 1898, the so-called 
policy of imperialism, as well as such subjects as the 
control of corporations, the establishment of postal sav¬ 
ings-banks, the taxation of incomes, the conservation of 
natural resources, and the revision of tariff rates, have 
received considerable attention in party platforms. 

541 . Minor Political Parties. Many minor or “ third ” 
parties have been formed from time to time in our history, 
and some of these have had a considerable influ- Historic 
ence upon political affairs. But as a rule voters “third” 
have accepted the two-party system, and it has 
been difficult to induce them to vote with a third party. 
Among the more important minor parties, all of which have 
long since ceased to exist, are the Anti-Masonic party of 
1828-32, the Liberty party of 1840, the Free Soil party of 
1848, the Know-Nothing or American party of 1854, the 
Liberal Republicans of 1872, and the Greenback party of 
1876. 

Of the existing minor parties the oldest is the Prohibi¬ 
tion party (founded in 1872), which aims to secure the 
suppression of the liquor traffic throughout the Existing 
United States. Other important minor organi- 
zations are the Socialist-Labor party, which has 
held national conventions since 1892, and advocates the 
adoption of a complete socialistic programme; the Social¬ 
ist party, which was formed from a faction of the Socialist, 


460 


GOVERNMENT AND POLITICS 


Labor party, and advocates similar policies; and the Peo¬ 
ple’s or Populist party, which was formed about 1892, 
advocating as its chief principle the free coinage of silver. 
Of the minor parties in existence since the Civil War, the 
People’s party alone has been successful in carrying the 
electoral vote of any State. 

542 . Organization of Parties. The two chief instruments 

in the management of parties are the party convention and 

Conventions standing committee. Although it represents 

and party the supreme authority of the party, the conven- 
oommittees . • 1 . 11 11 

tion IS only a temporary body, and hence a more 

permanent agency is needed to carry on the everyday 
business of party management. Accordingly the conven¬ 
tion elects standing committees — national. State, and 
local — which manage party affairs until the assembling 
of the succeeding convention. Such matters as the nomina¬ 
tion of candidates and the formulation of party platforms 
are reserved for the convention itself; while to the several 
party committees are entrusted the calling of conventions, 
the management of campaigns, the organization of political 
clubs, and the general control of the party’s interests. 

At the head of the permanent party organization is the 
national committee, consisting of one member from each 
The national State and territory. This committee is chosen 
committee years at the national convention, each 

State and territorial delegation being entitled to one repre¬ 
sentative. The national committee may appoint a smaller 
executive committee, which carries on the presidential cam¬ 
paign under the direction of the national chairman. Other 
important functions of the national committee are the 
choice of a place of meeting for the ensuing national con¬ 
vention, and the selection of its temporary chairman.^ 

I Another party committee national in character is the congressional committee, ap¬ 
pointed at a joint or separate caucus of the members of each party in the Senate and House. 
This committee includes members from each State and territory which has representatives 
in either house. Its special function is to cooperate with the local committees during 
congressional campaigns, its efforts being directed especially toward carrying doubtful 
districts. 


POLITICAL PARTIES 


461 


Independent of the national committee, but acting in 
harmony with that body, is the State central or State ex¬ 
ecutive committee. This is composed of repre- state 
sentatives from each congressional or State sen- 
atorial district, or of members chosen by the State conven¬ 
tion, or elected by the several county conventions. The chief 
functions of the State committee are to fix the time and place 
for the meeting of the State convention, to arrange the pre¬ 
liminary work of that body, to wage the party’s campaign 
in the State, and in general to advance the party’s interests. 

The local party committees include county, township, 
city, and sometimes even ward and precinct committees; 
and there is also a committee for each congres- Local 
sional district. Members of local committees 
are generally chosen either by the voters at a party primary, 
or by county or city conventions. The local committees 
issue the call for the party primary, and often determine the 
rules under which it is held. Hence they exercise important 
powers, since the local primaries form the basis of the entire 
nominating machinery. 

543 . The Party Machine. This hierarchy of committees 
is usually spoken of as the “ machine ” or ‘‘ organization.” 
Much criticism is directed against the machine source oi 
because too frequently it goes beyond its legiti- 
mate functions of serving the party, and seeks to perpetu¬ 
ate its own power by dictating nominations, thus indirectly 
controlling a large number of elective and appointive offi¬ 
cers. In order to accomplish this result, the machine must 
control the primaries, since only in this way can delegates 
be elected who are favorable to the wishes of the organiza¬ 
tion. Hence local committees often make up a ticket or 
slate previous to the primary, and endeavor to secure the 
election of certain individuals as convention delegates. 
This usurpation of power is frequently successful, owing to 
the lack of interest taken by the ordinary voter in party man¬ 
agement; and hence control of nominations and party poli- 


-W2 


GOVERNMENT AND POLITICS 


The 
“ Boss 


cies is largely in the hands of committees which in theory 
are only the agencies for carrying out the will of the voters. 

Within recent years there has been a marked tendency 
for political organizations to pass under the control of a 
single person. Owing to his superior political 
skill and sagacity, some leader often wins the title 
of “ Boss ” by establishing himself as the chief controlling 
factor in local or even State party affairs. Large cities 
have commonly been the most favorable fields for the Boss 
and for machine control generally, because of the numerous 
offices and the frequent opportunities to secure illicit gain. ^ 
Sometimes the sphere of the Boss is larger than the city, 
including the entire State. 

544 . Party Responsibility. The great problem in Ameri¬ 
can politics is to make the political party virtually as well 
Unrepre- nominally responsible to its members. Too 

sentative often the political prerogatives of the ordinary 
nominaUons are confined to choosing between candi¬ 

dates for office who have been nominated by the small 
group of politicians in control of each party. The right 
to choose between two candidates in whose nomination the 
voter has had nothing to say may be democratic govern¬ 
ment in form, but it is not in substance. Since the parties 
control the government, it is essential to representative 
rule that the parties themselves be effectually controlled 
by their members. 

Serious abuses on the part of the machine generally end 
in a revolt within the ranks of the party, many of whose 
Opposition members finally support opposing candidates as a 
control^* rebuke to machine methods, or else form an organ¬ 
ization within their own party with which to op¬ 
pose the machine. Direct nominations constitute the most 
promising means of checking excessive control by the party 


* Bryce enumerates the following conditions as tending to give rise to rings and bosses: 
(1) the existence of a spoils system. (2) Opportunities for illicit gains arising out of the pos¬ 
session of oflBce. (3) The presence of a mass of ignorant and pliable voters. (4) The insuf¬ 
ficient participation in politics of the good citizens. — Bryce, James, The American Comr 
monmaUh, ii, p. 120. 


POLITICAL PARTIES 


463 


organization; but up to the present time no remedy has 
been devised which will entirely prevent the evils resulting 
from the tendency of party organizations to dominate rather 
than to serve their party. ^ 


GENERAL REFERENCES 

Ashley, R. L., The American Federal State (1903), ch. xxiii. 

Beard, C. A., American Government and Politics (1910), ch. vr. 

- Readings in American Government and Politics (1910), ch, vi. 

Bryce, James, The American Commonwealth (1907), ii, chs. liii-lvi, lix- 

LXV. 

Ford, H. J., The Rise and Growth of American Politics (1898), chs. vii, 

XXIII-XXV. 

Fuller, Robert H., Government by the People (1908), ch. xi. 

Goodnow, F. J., Politics and Administration (1900), chs. ii, vi, viii-ix. 
Hart, A. B., Actual Government (1903), ch. v. 

Johnston, Alexander, History of American Politics (1902). ^ 

Lodge, H. C., Historical and Political Essays (1892), pp. 198-213. 

Macy, J., Party Organization and Machinery (1904). 

--—• Political Parties in the United States (1900). 

Morse, A. D., History of Political Parties (1903). 

Ostrogorski, M., Democracy and the Organization of Political Parties (1902). 
Wilson, Woodrow, Constitutional Government in the United States (1908), 
ch. VIII. 

Woodburn, J. A., Political Parties,and Party Problems in the United States 
(1909). 


QUESTIONS AND EXERCISES 

1 . Define a political party, and describe the functions which it performs. 

2 . Prepare a report upon the principles and leaders of the Federalist 
party. 

3. Describe the principles of Jefferson and the Democratic-Republican 
party. 

4. What were the political principles of the Whig party? 

5. Give an account of the rise of the present Republican party. 

6 . Describe the political parties and issues in the campaign of 1860. 

7. State which political party has generally favored and which one has 
opposed the following policies: (a) liberal construction of the federal 
constitution; (b) a protective tariff; (c) a national banking system; 
(d) internal improvements by the federal government; (e) restriction 
or abolition of slavery; (f) severe measures in “reconstructing” the 
seceding States; (g) resumption of specie payments; (h) gold mono¬ 
metallism; (i) colonial expansion. 

* “The great need in American politics to-day is that young men of high ideals and re¬ 
solute purposes for good government should devote themselves to political activity, stand¬ 
ing up stoutly and constantly for honest government, high ideals in politics, and that ac¬ 
tive participation in political life by which better government is brought to pass.’* — Wood- 
burn, J. A., Political Parties and Party Problems in the United States, p. 303. 




464 


GOVERNMENT AND POLITICS 


8 . Who represents your State upon the national and congressional com¬ 
mittees of each party? 

9 . How many members compose the Democratic State committee in 
your commonwealth? The State committee of the Republican party? 
How are the members of each committee chosen? 

10 . Who are the members of your local party committees in your county, 
city, ward, and precinct? How are these chosen? 

11 . Describe the work and powers of each of these committees with refer¬ 
ence to : (a) calls for party primaries and conventions; (b) filling va¬ 
cancies on the party ticket; (c) raising and expending campaign funds; 
(d) arranging political meetings; (e) canvassing voters, and “getting 
out the vote” on election day. 

12 . What do you understand by the party machine? The party boss? 
Name the chief party leaders in your community. 

13. Describe the work performed by the party machine. (Bryce, James, 
The American Commonwealth, ii, pp. 90-96.) 

14. Describe some of the abuses of party organization and methods. 

15. What were the principal issues between the two parties at your last 
State election? Who were the leading candidates of each party? Re¬ 
sults of the election? 

16. Give the same facts with regard to your last municipal election. 

17. In the choice of local oflBcers, which is of greater importance to the 
voter — that a candidate belongs to a particular party, or that he 
possess a high degree of honesty and ability? Should party politics 
have any part in local elections? 

18. Are members of your board of education chosen on a party ticket, or 
nominated by petition and chosen by ballots which contain no party 
emblems or names? Give arguments in favor of the latter method. 

19. Answer the same question with regard to candidates for the judiciary 
in your State. 

20 . What are the arguments in favor of fewer elective offices and short 
ballots? (Kaye, P. L., Readings, pp. 384-391.) 

21 . In your State are candidates for office required to file a statement of 
their election expenses? What is the object of such a provision? 

22 . Report upon the methods of suppressing political corruption. (Kaye, 
P. L., Readings, pp. 513-525.) 

23. Is there a corrupt practices act in your State? If so, give its chief 
provisions. 



(i^2/ courtesy of Cuher's Weekly) 

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CHAPTER XXXVII 


NOMINATIONS AND ELECTIONS 


545 . Methods of Nomination. Throughout the United 
States, candidates for office are commonly nominated either 
by the party primary or by a nominating con- primary 
vention. While other methods of nomination are *ndcon- 
sometimes employed (such as nomination by 
petition), the primary and the convention are the two great 
agencies by which party nominations are made. 

546 . The Party Primary. The primary, or primary elec¬ 
tion, is either a deliberative meeting or a virtual election 
held by the political partisans of a small area, 

such as a rural township, or a city ward or pre¬ 
cinct. Generally the primary performs a twofold function: 
( 1 ) that of nominating candidates for local offices within its 
boundaries; and ( 2 ) of electing deleg«ites to conventions 
which nominate candidates from larger areas, such as the 
city, or county, or congressional district. 

Thus the primary is the foundation of the entire sys¬ 
tem of nominating machinery, since it directly nominates 
certain local officers, and indirectly — through 
delegate conventions — nominates all others. 

Even the great national conventions proceed from the 
local primaries; for they are composed of members chosen 
by State or congressional district conventions, the dele¬ 
gates to which have been elected at local primaries. 

Recognizing the importance of party primaries in our 
system of popular rule, many States have passed 
laws which in effect make the primary a part of i»tionoi 
the machinery of government. Such laws com¬ 
monly prescribe the qualifications of those who may partici- 


Importanco 


466 


GOVERNMENT AND POLITICS 


pate, the time and place of holding the primary, its organi¬ 
zation and general management. The object of such legis¬ 
lation is to secure to each party member his right to partici¬ 
pate in the primaries and to have his vote fairly counted. 
In the absence of legal regulation, the primary is conducted 
in accordance with party rules and customs. 

547 . Types of Primaries. In New England and several 

States elsewhere, the primary (or caucus) is virtually a 
Town-meet- town-meeting of the party voters. The call (is- 
ingtypo local committee) requests the party 

members to assemble at a certain time and place for the 
purpose of nominating candidates for local offices, electing 
delegates to conventions, selecting local committees, and 
transacting other party business. This form of primary is 
adapted only to comparatively small districts, such as 
towns, wards, or thinly settled rural counties. 

The second type of primary (which prevails generally 
throughout the United States) is in fact an election, the 
Primary only important difference between it and the 
election regular election being that the primary is confined 
to the voters of a single political party. The polls are open 
as on election day, and the person receiving the highest num¬ 
ber of votes for any particular office is thereby nominated. 

548 . Local Nominating Conventions. A nominating con¬ 
vention is a meeting of delegates who have been chosen 
County for the purpose of nominating candidates for cer- 
convenUons offices, and transacting other party business, 
sUch as the appointment of committees and the adoption 
of a platform. Delegates to county conventions are ordi¬ 
narily chosen at primaries held in the various townships 
or wards. County conventions nominate the candidates 
for the various county offices, as the county commissioner, 
sheriff, treasurer, auditor, register of deeds, district attor¬ 
ney, and (in many commonwealths) the judges of the county 
courts. Frequently they also elect delegates to the State con¬ 
vention, and choose the members of the county committee. 


NOMINATIONS AND ELECTIONS 


467 


In municipal elections, party lines are often drawn al¬ 
most as closely as in State or national elections, notwith¬ 
standing the non-political character of most Municipal 
local business. The municipal officers elected by 
popular vote generally include the mayor, members of the 
council and school board, treasurer, city solicitor, and street 
commissioner. These officials are commonly nominated 
at municipal conventions composed of delegates chosen at 
party primaries in the various wards or election precincts 
of the city. ^ 

549 . Judicial and District Conventions. For the election 
of judges of the county courts, the State is judicial 
generally divided into districts which include 
several counties; and candidates for these judgeships are 
ordinarily nominated in judicial conventions within each 
district. 

For the choice of members of the legislature, many States 
are divided into senatorial and also into smaller represent¬ 
ative or assembly districts; and legislative candi- Legislative 
dates are nominated by conventions composed 
of delegates chosen at primaries in the townships or wards 
within the district. In other commonwealths, the county 
is taken as the basis of apportionment in one or both houses 
— each county being entitled to a certain number of sena¬ 
tors or representatives; and in these States candidates for 
the legislature are generally nominated by the county con¬ 
vention. 

550 . State Nominating Conventions. The State con¬ 
vention ordinarily consists of several hundred delegates 
chosen by party voters either directly at the officers 
primaries, or indirectly through county or dis- by state* 
trict conventions. The State convention nomi- convenUons 
nates the officers elected by the people of the State at large, 

* But in many cities the candidates for municipal office are chosen directly at the pri¬ 
maries, each party voter casting his ballot for the candidates of his choice, those receiving 
a plurality becoming the party nominees. Nomination by petition is also permitted in 
many cities, especially for members of the board of education. 


468 


GOVERNMENT AND POLITICS 


including the governor, lieutenant-governor, secretary of 
State, treasurer, and in most commonwealths, an auditor, 
attorney-general, superintendent of public instruction, 
State engineer, surveyor, and judges of the supreme court. 

The call for a State convention is issued by the State 
central committee of the party, and a copy is sent to the 
„ chairman of each local committee. The call sets 
forth the time and place of the convention, and 
the number of delegates to which each city, township, or 
county is entitled. Generally, representation of the differ¬ 
ent counties or municipalities is based (at least in part) upon 
the vote cast for the party candidates at the last State or 
national election; and thus the localities which cast a large 
party vote are rewarded by increased representation and 
influence in the State convention. 

On the appointed day, the convention is called to order 
by the chairman of the State committee, who requests the 
Organ- secretary of that committee to read the call. Pro- 

ization ceedings are then formally opened with prayer, 

after which motions are usually carried for the appoint¬ 
ment by the chair of a committee on credentials, a com¬ 
mittee on permanent organization, and a committee on 
resolutions. In some cases a temporary chairman and sec¬ 
retary are chosen, but frequently the chairman and secre¬ 
tary of the State committee serve as temporary officers 
until the report of the committee on permanent organiza¬ 
tion. The permanent officers of the convention include a 
president, secretary, assistant secretaries, sergeant-at-arms, 
and numerous vice-presidents. The president of the con¬ 
vention is generally a prominent party leader, and upon 
taking the chair he delivers a “ keynote ” speech upon the 
issues of the campaign. 

Then follows the report of the committee on credentials, 
OredenUais containing a statement of the number of delegates 
ADdputionn present, and rendering a decision concerning con¬ 
tested seats. The platform is next read by the chairman 


NOMINATIONS AND ELECTIONS 


469 


of the committee on resolutions, and is ordinarily accepted 
without amendment. 

The convention then takes up its most important work — 
the nomination of candidates. The chair appoints a com¬ 
mittee of tellers to take charge of the balloting, Naming the 
whereupon nominations for the office of governor 
are declared in order. ^ After the nominating speeches have 
been made, the balloting commences. When a candidate 
receives the number required for a choice, generally a 
majority of all votes cast, it is customary for one of the 
supporters of a defeated rival to move that his nomination 
be made unanimous. This motion commonly prevails, and 
the convention then proceeds with the nomination of candi¬ 
dates for other State offices. During the intervals between 
the ballots, short speeches are often made by prominent 
party leaders in response to an invitation from the chairman. 
Toward the close of the proceedings, all the nominees are 
sometimes escorted to the platform by a committee ap¬ 
pointed for that purpose; and upon presentation by the 
chairman, each candidate in turn responds in a short 
speech. 

State conventions ordinarily select the members of the 
State committee to serve until the next conven- other 
tion, and in presidential years nominate the four *®“®**®“* 
delegates at large to the national convention. 

551 . Presidential Nominating Systems. Three methods 
of nominating candidates for the Presidency have prevailed 
in the United States: ( 1 ) by congressional caucus, or meet¬ 
ing of the party members of the two houses of Congress 
(1800-1824); ( 2 ) by State legislatures, acting either in an 
official capacity or as a legislative caucus (1824-1832); (3) by 
national nominating conventions, composed of delegates 

* The entire prcxreedings of the convention up to this point, including the choice of per¬ 
manent officers and of members of the several committees, are commonly prearranged by 
the State committee. The advantage of this prearrangement is that it materially shortens 
the time necessary for the preliminary work of the convention; its great disadvantage is that 
State committees sometimes abuse their power, and control not only the routine work of 
tne convention, but the nominations as well. 


470 


GOVERNMENT AND POLITICS 


chosen for the special purpose of nominating presidential 
candidates (1832 to the present time). 

552 . The Call of National Conventions. Each political 

party holds its national nominating convention in the 
R 6 presen- summer of the year in which the presidential elec- 
tauon occurs. The call is issued by the national 

party committee, which body determines the time and place 
for the convention. The call specifies the number of dele¬ 
gates to which each State is entitled, and how they shall be 
elected. The Democratic party allows each State twice as 
many delegates as it has electoral votes, each territory being 
also represented. By a recent rule of the Republican party, 
each State is to be represented in the national conven¬ 
tion by four delegates-at-large, one delegate for each con¬ 
gressional district, and an additional delegate for each 
congressional district which in 1914 cast not less than 7500 
votes for the Republican candidate for Congress. 

553 . The Delegates. A copy of the official call is sent to 

each State party committee, whereupon that committee 
SeiecUon ^ State convention for the purpose of nomi¬ 

nating the four delegates at large from each State. 

The State committee also notifies the local committees in 
the different congressional districts throughout the com¬ 
monwealth, and these call congressional district conven¬ 
tions to choose the two delegates to which each district is 
entitled.^ Delegates to both district and State conventions 
sire chosen at local party primaries. 

Long before the meeting of the convention, the names 
of various prominent men are suggested for the Presidency. 
Instruction Friends of the leading candidates organize in each 
of delegates commonwealth, and endeavor to influence State 
and district conventions to instruct delegates in favor of 
the candidate of their choice. Estimates are given out 
from time to time of the comparative strength of the several 


1 This is the usual, but not the invariable method. In New York and several other com¬ 
monwealths, the Democratic State convention chooses the entire State delegation. 


NOMINATIONS AND ELECTIONS 


471 


candidates, and the contest for delegates continues .until 
all have been chosen. As a rule it is impossible to foretell 
with certainty who will be the actual nominee of the conven¬ 
tion, since many State delegations are unpledged, while 
others are instructed in favor of local candidates who are 
unlikely to receive general support. After all the dele¬ 
gates have been chosen, the convention city itself becomes 
the seat of war. The supporters of the leading candidates 
are early in the field, opening their headquarters in the 
prominent hotels; and they endeavor by all posable politi¬ 
cal devices to win the support of the delegates. 

554 . Procedure in National Conventions. It has become 
customary to hold the national conventions of the two 
great parties in immense auditoriums so as to 
accommodate ten or fifteen thousand spectators, 
in addition to nearly two thousand delegates and alternates. 
Local preparations are in charge of a committee of citizens 
of the convention city. 

Toward noon on the day appointed in the oflGlcial call, 
the convention is called to order by the chairman of the 
national committee. The proceedings are opened Temporary 
with prayer. The caU is then read, after which organiza- 
the national committee reports a list of the tem¬ 
porary officers of the convention, consisting of a temp>orary 
chairman, secretary, clerks, sergeants-at-arms, and stenog¬ 
raphers. This list is generally accepted by the convention 
without contest, whereupon the chairman of the national 
committee yields his place to the temporary chairman, who 
usually addresses the convention in a formal speech on the 
political situation. 

A resolution is next adopted that the convention be gov¬ 
erned by the rules of the preceding convention until other¬ 
wise ordered. Motions are made and carried for Appoint- 

the appointment of a committee on credentials, mentof 

, . , , committees 

one on permanent organization, one on rules, and 

a committee on resolutions, each consisting of one member 



472 


GOVERNMENT AND POLITICS 


from each State and territory. Resolutions concerning con¬ 
tested seats are now presented to the convention, and re¬ 
ferred without debate to the committee on credentials. The 
appointment of these committees ends the important busi¬ 
ness of the first session. 

When the convention assembles for the second session, 
the first business in regular order is the report of the com- 
H*porton mittee on credentials. In deciding cases of con- 
ar«d«ntiAis seats, the committee on credentials gives 

each side an opportunity to present its claims, and then 
decides between them — generally in favor of the regular 
delegates (that is, those indorsed by the State and district 
committees). In case of two full contesting delegations from 
the same State, seats are sometimes given to both sets, 
each delegate being entitled to one half a vote. After the 
credentials committee has arrived at a decision concerning 
contested seats, its report, including a list (arranged by 
States) of aU delegates entitled to seats, is generally ac¬ 
cepted by the convention with little debate.^ 

The next business in order is the report of the committee 
on permanent organization, which consists of a list of the 
permanent Permanent officers of the convention, previously 
tion******* arranged to some extent by the national com¬ 
mittee. This report is ordinarily adopted as a 
matter of course, and a committee is appointed to escort 
the permanent chairman to the platform. On taking the 
chair, the permanent chairman delivers a “ keynote ” 
speech on the issues of the approaching campaign. 

The committee on rules then reports the order of busi¬ 
ness for the convention to follow, and its rules of procedure, 
liiiief rules of great importance are peculiar to 

Democratic conventions. The first of these is 
the rule requiring for the nomination of candidates two 
thirds of the whole number of votes in the convention. The 

* In some instances the committee’s report is the occasion of vigorous discussion and an 
exciting contest, as at the Republican convention of 1880, whose debate upon contested 
seats occupies one hundred pages in the published proceedings. 


NOMINATIONS AND ELECTIONS 


473 


second is the so-called unit rule under which a majority 
of each State delegation is allowed to cast the entire vote 
to which the State is entitled, even against the protest of a 
minority of the delegation.^ 

While awaiting the report of the committee on resolu¬ 
tions, the convention disposes of miscellaneous business, 
such as the election of national committees and 
of the committees on notification. These com- lanoons 
mittees ordinarily consist of one delegate from 
each State and territory, the members being designated 
by the respective delegations. 

About the third day, the committee on resolutions is 
ready to report the platform. This is a formal statement of 
the party’s attitude upon the public questions 
of the day, and next to the nomination of candi¬ 
dates is the most important part of the convention’s work. 
The platform is usually adopted as read, although it some¬ 
times occasions an exciting contest. 

555 . The Nomination of Candidates. Nominating pro¬ 
ceedings are next in order, and these begin with the roll- 
call of States (arranged alphabetically) for the Rou-caUfor 
presentation of candidates for the presidential 
nomination. Eight or ten candidates are often nominated, 
since a State delegation frequently thus compliments some 
favorite son who has very little chance of securing general 
support. The delegation from any State when called in its 
turn may pass its right of nomination to any other delega¬ 
tion not yet called. Delegations which have no candidate 
of their own often second one of the nominations already 
made. The presentation of names affords the opportunity 
for long-continued applause, which supposedly indicates 
the popularity of the respective candidates. 

After the roll-call for nominations is completed, the con¬ 
vention proceeds to the first ballot. As the name of each 
State is called by the convention secretary, the chairman 

% The unit rule waa abandoned by the Republican party in 1880. 


'474 


GOVERNMENT AND POLITICS 


of the delegation arises and announces the vote of his State. * 
Occasionally a candidate is nominated by accla- 

Ballotlng . , „ in. 

mation, but often many ballots are necessary 
to decide the contest. If none of the chief candidates is 
successful on the first few ballots, it sometimes happens 
that a “ dark horse ” (a comparatively obscure man) fi¬ 
nally receives the nomination.^ As soon as any candidate 
receives the number of votes necessary for a choice, it is 
customary for the supporters of the next highest candidate 
to move that the nomination be made unanimous, this 
motion being adopted amid wild enthusiasm. 

After the pandemonium has subsided — sometimes after 
a recess, the convention proceeds in the same manner to 
wominating nominate a candidate for the Vice-Presidency, 
a vice- This nomination seldom receives the careful 
consideration it deserves, and it is often given 
to a man in the hope that he may be able to carry a doubt¬ 
ful State, or in order to placate a faction in the party which 
has been opposed to the presidential nominee. 

As soon as the candidates for President and Vice-Presi¬ 
dent have been named, a motion is carried authorizing the 
Final national committee to fix the time and pi ace of the 
proceedings presidential convention. Provision is made 
for printing the proceedings, and resolutions of thanks are 
voted to the citizens of the city and to the various conven¬ 
tion officers. The convention then adjourns sine die^ and 
the campaign begins.® 

556 . Presidential Electors. Candidates for the two elec- 
Methods of tors at large to which each State is entitled are 
nomination nominated at the convention held for the nom¬ 
ination of State ofiicers; or if there are no State officers to 

1 In Republican conventions, if a member of any delegation questions the vote as re¬ 
ported by the chairman, the roll of that delegation is called by the convention secretary. 

' * Notable instances are the nominations of Polk, Taylor, Pierce, Hayes, Garfield, and 
Benjamin Harrison. 

’ After the convention has adjourned, the committee on notification visits the nominee 
at bis honie, and the chairman in a brief speech notifies him of the nomination. The candi¬ 
date replies informally, accepting the honor; and later sends out a carefully written letter 
of acceptance, which is published and widely circulated as a campaign docunjent. 


NOMINATIONS AND ELECTIONS 


475 


be nominated, by a State convention called expressly for 
this purpose. Generally the candidate for elector in each 
congressional district is nominated at the congressional 
district convention; but in some commonwealths a complete 
electoral ticket for the entire State is nominated by the 
State convention. Distinguished members of the party 
who have never held national office are frequently nomi¬ 
nated for the office of elector. As already pointed out, the 
presidential electors exercise no discretion in casting their 
votes, but simply register the choice of the national nomi¬ 
nating convention. 

557 . Direct Primary System. The convention method of 
nominating candidates is now used in only one fourth of the 
States. Elsewhere it has been superseded by the Euminauon 
“ direct primary ’’ system. This plan abolishes 
the convention entirely by providing that voters 
at party primaries shall cast their ballots directly for their 
party’s candidates — those individuals being nominated 
who receive a plurality of all votes cast. The great merit of 
this plan is that it eliminates the abuses of the convention 
system, especially machine control, and makes the party 
really responsible to its members.^ 

At first used only for local offices, direct primaries have 
grown in favor until now, in addition to local candidates, 
State officers and federal Senators are often nomi- Prevalence 
nated in this manner. Complete state-wide systems system 

of direct nominations now prevail in thirty-eight States. 

Twenty-one States have also adopted presidential-prefer¬ 
ence primary laws. These provide that delegates to the 
national party conventions shall be selected directly by 
the voters; and in some cases the voters are also permitted 

1 “The demand for the primary election has come from the feeling that the delegate con* 
vention has become corrupt; that the convention is manipulated by rings of professional 
politicians and office-holders; that ‘deals’ are made and delegates are bought and sold- 
that a mere handful of men determine the action of the convention, and that the rank and 
file of the party, who cannot make politics their business and who will not indulge in dis¬ 
honorable practices, cannot make their influence felt.” — Woodburn, J. A., Political Parties 
and Party Problems, p. 283. . . . 


476 


GOVERNMENT AND POLITICS 


to express their preference directly for one of the candi¬ 
dates for the presidential nomination. 

558 . Nomination by Petition. Another method which 
likewise does away with the convention is that of nomina- 
Ouraoter- tion by petition, or by nomination papers. This 

plan is employed in Great Britain, and is a char¬ 
acteristic feature of the original form of the Australian 
system. In this country it has been used especially for the 
nomination of members of boards of education, and other 
non-partisan candidates. Under this plan, a candidate 
may be nominated by filing with the election officers a 
petition, signed by the requisite number of voters, who are 
usually required to pledge that they will support the can¬ 
didate named in the petition. The great merit of nomina¬ 
tion by petition is that it protects the independent voter 
who cannot participate in party nominations. Moreover, 
this method makes it possible to oppose objectionable 
nominees by placing before the voters deserving candidates 
independently nominated. 

559 . Elections. National elections are held on the first 

Tuesday after the first Monday in November. The presi- 
HaUonai election occurs every four years counting 

from 1900, while elections for Representatives are 
held biennially in even-numbered years. Shortly after the 
Civil War, acts were passed providing for a large degree of 
federal control of national elections. This legislation has 
since been rep>ealed, so that at the present time the several 
commonwealths have entire charge of national, as well as 
of State and local elections. 

In most commonwealths, the governor and other State 
officers are chosen on the first Tuesday after the first Mon- 
day in November of the even-numbered years, the 
State election thus being held on the same day 
as the national election.^ Economy of time, effort, and 

* State elections are held on a different day from national elections in seven States, 
namely: Arkansas, Geor^a, Louisiana, Maine, Oregon, South Carolina, andT Vermont. 


NOMINATIONS AND ELECTIONS 


477 


money is secured by having the election of State and federal 
officers on a single day; but the drawback to this plan is 
that State issues are likely to be subordinated to national 
questions. 

In several commonwealths an effort has been made to 
separate local from State and national elections by hold¬ 
ing the local elections at a special time, usually in 
the spring or else biennially in the odd-numbered 
years. The object of this separation is to have local ques¬ 
tions decided upon their merits apart from other issues. 

560 . Qualifications for Voting. Under our form of gov¬ 
ernment, the regulation of the voting privilege is left en¬ 
tirely to the States, so long as they do not restrict RewiaOMi 
the right to vote on account of race, color, or pre- ***“ 
vious condition of servitude.^ In most commonwealths 
there are few restrictions upon the suffrage, the general rule 
being that all citizens may vote if they have attained the 
age of twenty-one, and have resided in the State for a period 
varying from six months to two years — one year being the 
common requirement. In a few commonwealths, even 
aliens are permitted to vote, providing they have declared 
their intention of becoming citizens. ^ 

Criminals, the insane, paupers in institutions, and Ip' 
dians not taxed are excluded from the suffrage in prad> 
cally all of the States. In addition to these ob- oi«um 
viously necessary disqualifications, about twenty 
commonwealths have placed further restrictions upon th« 
suffrage. Thirteen States,® nearly all in the South or in New 
England, prescribe some form of educational test, either 
ability to read, or to read and write the English language. 
Several commonwealths, including Arkansas, South Caro¬ 
lina, Tennessee, and Virginia, require payment of a poU- 

* Constitution, fifteenth amendment. Congress has of course power to regulate the suf¬ 
frage in the territories and in the District of Columbia. 

* Alabama, Arkansas, Indiana, Kansas, Michigan, Missouri, Nebraska, Oregon, South 
Dakota, Texas, and Wisconsin. 

* Alabama, California, Connecticut, Delaware, Louisiana, Maine, MassachusetU. MBs- 
sissfppi, New Hampshire, North Carolina, South Carolina, Washington, and Wyonung. 


478 


GOVERNMENT AND POLITICS 


tax as a prerequisite to voting. In several Western States 
the suffrage is withheld from the Chinese or persons of the 
Mongolian race; ^ and in Idaho and Utah, from polyga¬ 
mists. As a general rule persons entitled to vote may also 
hold office, provided they are of a certain prescribed age, 
and have lived in the State the requisite period. 

561 . Woman Suffrage. Prior to 1919, about one third of 
the States permitted women to vote on equal terms with 
men. This reform had been brought about as the result of 
more than fifty years of effort on the part of the advocates 
of woman’s suffrage. Finally, after a long struggle in Con¬ 
gress, that body voted in favor of the so-called Susan B. 
Anthony amendment to the federal constitution. This 
amendment the nineteenth — grants the ballot to women 
everywhere on the same terms as to men. It was ratified 
by the requisite number of States in 1920. 

562 . Election Districts and Registration. Two prelimi¬ 

naries are necessary before elections are held — districting 
DistricUng registration. Districting means dividing the 

civil divisions (counties and townships) of the 
State into small election districts or precincts containing 
as nearly as possible an equal number of voters. 

Each of these small subdivisions has a polling-place 
where voters are commonly required to register their names 

« .... before the election, and where the ballots are cast 
Registration . . 1 mi 1 • t • 

on election day. The object of a preliminary regis¬ 
tration is to identify individuals in communities where the 
residents are not personally known to one another; and to 
settle beforehand, if possible, any question as to a man’s 
right to vote. Frequent registration is seldom required in 
rural districts where the voters are well acquainted with 
each other, while in the cities annual personal registration 
is generally necessary to prevent fraud. A voter registers by 
giving his name, place of residence, age, length of residence 
in the State, county, and election district, information con- 

1 Congress has also passed laws expressly excluding the Chinese from citizenship. 





STATE ELECTION 

1020 

' * 

Tuesday, November 2 

I 

OFFICIAL BALLOT 


CHATHAM 

Secretary of the Commonwealth, 


The Official Ballot for the State election in Massachusetts is printed on paper 
measux’ing, usually, about 14 by 10 inches. This is folded the long way, and has 
the date of the election, the name of the city or town, etc. (as above) printed on 
the first outside page. On the inside pages are arranged in columns the names 
and residences of the various candidates, with their party designations. For a 
facsimile of a portion of such a ballot, refer to the next page; in addition to the 
candidates shown, this particular ballot contained others for the following State 
offices: auditor, attorney-general, councilor, senator, representative; and for 
county commissioner, and county treasurer. 













To Tote for a Person, mark a Cross X in the Square at XX 
the right of the Party Name, or Political Designation. XX 


GOVERNOR.Mark ONE. 

- -of. .Bepublican 

- - of. .Prohibition 

- -of. .Socialist Labor 

- -of. .Democratic 

- -of. ....Socialist 


LIEUTENANT GOVERNOR.Mark ONE. 

- -of. .Democratic 

- -of. .Bepublican 

- .. . of. .Socialist 

- -of. . Prohibition 

- -of. .Socialist Labor 


SECRETARY.Mark ONE. 

- - of . .Democratic 

. .— of .. .Socialist 

- ■ ■ of. .Socialist Labor 

- -of. .Prohibition 

- -of. .Bepublican 


TREASURER.Mark ONE. 

- - of. .Democratic 

- -of. .Socialist 

- -of..Socialist Labor 

- - of. .Prohibition 

- -of. .Bepublican 







































































































NOMINATIONS AND ELECTIONS 


481 


cerning his nativity, and other material facts serving to 
establish his identity. Registration is often in charge of a 
board on which the two chief parties are equally represented. 

563. The Conduct of Elections. In addition to the reg¬ 
istration of voters, a large amount of other preliminary 
work must be performed prior to election day. preliminary 
Nominations must be duly certified to the officers 
charged with the duty of printing the official ballots; poll¬ 
ing-places must be designated and provided with ballots; 
and election officers appointed. 

In the cities, general administration of the election laws 
is often in charge of an election board on which the two 
chief parties are equally represented; elsewhere Holding the 
these duties are entrusted to an election commis- 
sioner, or to the county or township clerk. Each polling- 
place is in charge of a certain number of inspectors or 
judges, aided by clerks, whose duty it is to open and close 
the polls, to permit only registered persons to vote, to re¬ 
ceive and deposit the ballots, to count the votes, and to 
certify the returns to the proper officials (the board of 
elections or a similar authority). Each party is permitted 
to have “ watchers ” at every polling-place, who witness 
the casting and counting of the ballots, and challenge any 
person whom they believe not qualified to vote. 

Every precaution is taken to secure a free and honest 
expression of the will of the voters. In many mecUon 
States, electioneering is forbidden within a cer- 
tain distance (often one hundred feet) of the polling-places; 
watchers and challengers are permitted each party during 
the casting and counting of ballots; election officers are 
sworn not to attempt to influence any voter in casting 
his ballot; precautions are taken against “repeating,” 
and against “ stuffing ” the baUot-box; identification of his 
ballot by any voter is prohibited;^ candidates for office are 

» In order to prevent him from selling his vote, and then distinguishing his ballot by 
tearing or marking it in such a way that the purchasers may know that he has kept hb 
agreement. 


482 


GOVERNMENT AND POLITICS 


sometimes required to file sworn statements of the amount 
expended by them or in their behalf for election purposes; 
and severe penalties are provided against bribery or intimi¬ 
dation of voters. 

564. Casting and counting the Ballots. Throughout the 
Union, voting is by ballot, the polls being open during day- 
Austraiian light, commonly from six a.m. to six p.m. All the 
system States except two have adopted the Australian 
ballot in modified form.^ This system provides for the exclu¬ 
sive use of an official ballot upon which the names of all 
candidates are printed (generally in parallel columns under¬ 
neath the party names and emblems). ^ The voter receives 
one of these ballots from the election officials, and prepares 
it while alone in a little booth. He may vote a straight 
ticket by placing a cross-mark in the circle at the head 
of the party column, or a split or mixed ticket by placing 
a cross-mark opposite the name of each candidate for 
whom he wishes to vote. He then folds his ballot, and hands 
it to an election officer, who, in the presence of the other 
officers and of the voter, deposits it in the ballot-box. 

As soon as the polls close, the ballots are counted, and 
the results certified to the proper county or city officers, 
Election who canvass the returns for the entire county 
returns issue Certificates of election to the 

successful candidates. When State officers, presidential elec¬ 
tors, or congressmen are voted for, the county authorities 
certify the result in their respective counties to State 
officers, who canvass the returns and issue the election 
certificates. 

In most commonwealths a plurality only is necessary to 
an election; that is, a number of votes in excess of those 

1 In ten commonwealths voting machines are used to a limited extent. 

* Another form known as the “Massachusetts” ballot is used in fourteen States. This 
omits the party emblem entirely, the names of the candidates being arranged in alphabeti¬ 
cal order under the title of each office, followed by the name of the party; and the voter 
must have sufficient intelligence to read the ballot and select the candidates for whom he 
wishes to vote. Other States have a different plan, and print a separate ballot for each 
party or group of voters that has nominated candidates. 


NOMINATIONS AND ELECTIONS 


483 


received by any other candidate. A few New England States 
require a majority of all votes cast, and where choice 
there are more than two candidates, this some- 
times necessitates a second election. For the adoption of 
constitutional amendments a majority of all votes cast at 
the election is generally required. 


GENERAL REFERENCES 

Ashley, R. L., The American Federal State (1903), ch. xxii. 

Beard, C. A., American Government and Politics (1910), chs. vii, xxx. 

- Readings in American Government and Politics (1910), ch. vii. 

Bishop, J. B., Our Political Drama: Conventions, Campaigns, Candidates 
(1904). 

Bryce, James, The American Commonwealth (1907), ii, chs. lxvi, lxix- 

LXXIII. 

Cleveland, F. A., The Growth of Democracy (1898), ch. xii. 

Dallinger, F. W., Nominations for Elective Office (1897). 

Ford, H. J., The Rise and Growth of American Politics (1898), ch. xvi. 
Foster, R., Commentaries on the Constitution of the United States (1895), 
pars. 50-59. 

Fuller, Robert H., Government by the People (1908). 

Giddings, F. H., Democracy and Empire (1900), ch. xv. 

Goodnow, F. J., City Government in the United States (1904), ch, vi. 

Hart, A. B., Actual Government (1903), ch. iv. 

Merriam, C. E., Primary Elections (1908). 

Meyer, E, C., Nominating Systems: Direct Primaries vs. Conventions in the 
United States (1902). 

Reinsch, P. S., Readings on the American Federal Government (1909), ch. 

XVI. 

Schouler, James, Constitutional Studies (1904), pp. 231-249. 

Stanwood, Edward, A History of the Presidency (1898). 

Woodburn, J. A., Political Parties and Party Problems in the United States 
(1909), chs. X, XII, XX. 


QUESTIONS AND EXERCISES 


1. Distinguish between an inhabitant, a citizen, and a voter. 

2 . Are all citizens voters,^ In your State must a voter be a citizen? 

3 . What are the qualifications for voters in your State? Are these deter- 
,mined by your State constitution, or by statute? What classes of in- 

dividuals are expressly disqualified, and why? 

^4. What provisions of the federal constitution control the right of your 
State to determine the qualifications for voters? 

5 . Examine the report of the last census and ascertain the total number 
of citizens and the number of voters in your city or county. How many 


votes are usually cast in your city and county elections? 

6 . In the last State election how many votes were cast in your county 
for governor? What number of voters failed to exercise the right of 



GOVERNMENT AND POLITICS 


484 


suffrage? Should there be a property qualification for voters? An 
educational qualification? 

7. Give the chief arguments for and against woman’s suffrage. 

8 . On an outline map of your State, mark with different colors the several 
election districts in which you live: the precinct, ward, county. State 
representative and senatorial districts, and the congressional district. 

9. Is registration required in your State? In all communities, or in cities 
of a certain size? What are the advantages of registration? 

10 . Is the system of registration annual as in New York, or permanent 
as in Massachusetts? Describe the process of registration in your 
community. 

11 . How is your local board of registration chosen? Of how many members 
composed? 

12 . Give the time of holding local. State, and national elections in your 
commonwealth. What are the reasons for holding these at the same 
or different times? 

13. State the advantages and disadvantages of frequent elections. 

14. Which form of the Australian ballot is used in your State? 

15. Where is the polling-place in your precinct? How many votes were 
cast there at the last election? During what hours were the polls open? 

16. What body canvasses the vote in your city or county? 

17. In your State what candidates are nominated by conventions? By di¬ 
rect primaries? By petition? What are the advantages of each method? 

18. What are the functions of the local party primary in your community? 
What are the tests of party allegiance? 

19. Why is it important that party primaries be regulated by law? 

20 . Describe the last State convention held by one of the p>olitical parties 
in your State, and compare its procedure with that described in Sec¬ 
tion 550. 

21 . Prepare a report upon the national convention of each of the great 
political parties. (Reinsch, P. S., Readings, pp. 826-845.) 

22 . Suggested readings on political rights and duties: Kaye, P. L., Read¬ 
ings, pp. 111-128. 


APPENDIX A 

THE CONSTITUTION OF THE UNITED STATES 


Pkeamble 

We, the jjeople of the United States, in order to form a more per¬ 
fect union, establish justice, insure domestic tranquillity, provide 
for the common defense, promote the general welfare, and secure 
the blessings of liberty to ourselves and our posterity, do ordain 
and establish this constitution for the United States of America. 


Article I. Legislative Department 
Section I. Congress in General 

All legislative powers herein granted shall be vested in a Con¬ 
gress of the United States, which shall consist of a Senate and 
House of Representatives. 

Section II. House of Representatives 

1 . The House of Representatives shall be composed of members 
chosen every second year by the people of the several States, and 
the electors in each State shall have the qualifications requisite for 
electors of the most numerous branch of the State legislature. 

2 . No person shall be a Representative who shall not have at¬ 
tained to the age of twenty-five years, and been seven years a citi¬ 
zen of the United States, and who shall not, when elected, be an 
inhabitant of that State in which he shall be chosen. 

3. Representatives and direct taxes shall be apportioned among 
the several States which may be included within this Union, ac¬ 
cording to their respective numbers, which shall be determined by 
adding to the whole number of free persons, including those bound 
to service for a term of years, and excluding Indians not taxed, 
three fifths of all other persons. The actual enumeration shall be 
made within three years after the first meeting of the Congress of 
the United States, and within every subsequent term of ten years, 
in such manner as they shall by law direct. The number of Repre¬ 
sentatives shall not exceed one for every thirty thousand, but each 
State shall have at least one Representative; and until such enume¬ 
ration shall be made, the State of New Hampshire shall be entitled 


11 


APPENDIX 


to choose three, Massachmetts eight, Rhode Island and Providence 
Plantations one, Connecticut five. New York six. New Jersey four, 
Pennsylvania eight, Delaware one, Maryland six, Virginia ten. 
North Carolina five. South Carolina five, and Georgia three. 

4. When vacancies happen in the representation from any State, 
the executive authority thereof shall issue writs of election to fill 
such vacancies. 

5. The House of Representatives shall choose their Speaker and 
other oflficers, and shall have the sole power of impeachment. 

Section III. Senate 

1 . The Senate of the United States shall be composed of two 
Senators from each State, chosen by the legislature thereof, for six 
years', and each Senator shall have one vote. 

2 . Immediately after they shall be assembled in consequence of 
the first election, they shall be divided as equally as may be into 
three classes. The seats of the Senators of the first class shall be 
vacated at the expiration of the second year; of the second class, 
at the expiration of the fourth year, and of the third class, at the 
expiration of the sixth year, so that one third may be chosen every 
second year; and if vacancies happen by resignation or otherwise 
during the recess of the legislature of any State, the executive 
thereof may make temporary appointments until the next meeting 
of the legislature, which shall then fill such vacancies. 

3. No person shall be a Senator who shall not have attained to 
the age of thirty years, and been nine years a citizen of the United 
States, and who shall not, when elected, be an inhabitant of that 
State for which he shall be chosen. 

4. The Vice-President of the United States shall be President of 
the Senate, but shall have no vote, unless they be equally divided. 

5. The Senate shall choose their other oflicers, and also a Presi¬ 
dent pro tempore in the absence of the Vice-President, or when he 
shall exercise the office of President of the United States. 

6 . The Senate shall have the sole power to try all impeachments. 
When sitting for that purpose, they shall be on oath or affirmation. 
When the President of the United States is tried, the Chief Justice 
shall preside: and no person shall be convicted without the concur¬ 
rence of two thirds of the members present. 

7. Judgment in cases of impeachment shall not extend further 
than to removal from office, and disqualification to hold and enjoy 
any office of honor, trust, or profit under the United States; but 
the party convicted shall, nevertheless, be liable and subject to in¬ 
dictment, trial, judgment, and punishment, according to law. 

Section IV. Both Houses 

1 . The times, places, and manner of holding elections for Sena- 


APPENDIX 


111 


tors and Representatives shall be prescribed in each State by the 
legislature thereof ; but the Congress may at any time by law make 
or alter such regulations, except as to the places of choosing Sen¬ 
ators. 

2. The Congress shall assemble at least once in every year, and 
such meeting shall be on the first Monday in December, unless they 
shall by law appoint a different day. 

Section V. The Houses Separately 

1. Each house shall be the judge of the elections, returns, and 
qualifications of its own members, and a majority of each shall con¬ 
stitute a quorum to do business; but a smaller number may adjourn 
from day to day, and may be authorized to compel the attendance 
of absent members, in such manner, and under such penalties, as 
each house may provide. 

2. Each house may determine the rules of its proceedings, pun¬ 
ish its members for disorderly behavior, and, with the concurrence 
of two thirds, expel a member. 

^ 3. Each house shall keep a journal of its proceedings, and from 
time to time publish the same, excepting such parts as may in their 
judgment require secrecy, and the yeas and nays of the members of 
either house on any question shall, at the desire of one fifth of those 
present, be entered on the journal. 

4. Neither house, during the session of Congress, shall, without 
the consent of the other, adjourn for more than three days, nor to 
any other place than that in which the two houses shall be sitting- 

Section VI. Privileges and Disabilities of Members 

1. The Senators and Representatives shall receive a compensa¬ 
tion for their services, to be ascertained by law and paid out of 
the treasury of the United States. They shall, in all cases, except 
treason, felony, and breach of the peace, be privileged from arrest 
during their attendance at the session of their respective houses, 
and in going to and returning from the same; and for any speech 
or debate in either house they shall not be questioned in any other 
place. 

2. No Senator or Representative shall, during the time for which 
he was elected, be appointed to any civil oflSce under the authority 
of the United States, which shall have been created, or the emolu¬ 
ments whereof shall have been increased during such time; and no 
person holding any oflSice under the United States shall be a mem¬ 
ber of either house during his continuance in office. 

Section VII. Mode of Passing Laws 

1. All bills for raising revenue shall originate in the House of 
Representatives; but the Senate may propose or concur with 
amendments as on other bills. 


iv 


APPENDIX 


Every bill which shall have passed the House of Representa¬ 
tives and the Senate shall, before it become a law, be presented to 
the President of the United States; if he approve he shall sign it, 
but if not he shall return it, with his objections, to that house in 
which it shall have originated, who shall enter the objections at 
large on their journal and proceed to reconsider it. If after such 
reconsideration two thirds of that house shall agree to pass the bill, 
it shall be sent, together with the objections, to the other house, by 
which it shall likewise be reconsidered, and if approved by two 
thirds of that house it shall become a law. But in all such cases the 
votes of both houses shall be determined by yeas and nays, and the 
names of the persons voting for and against the bill shall be entered 
on the journal of each house respectively. If any bill shall not be 
returned by the President within ten days (Sundays excepted) 
after it shall have been presented to him, the same shall be a law, 
in like manner as if he had signed it, unless the Congress by their 
adjournment prevent its return, in which case it shall not be a 
law. 

3. Every order, resolution, or vote to which the concurrence of 
the Senate and House of Representatives may be necessary (except 
on a question of adjournment) shall be presented to the President 
of the United States; and before the same shall take effect, shall 
be approved by him, or being disapproved by him, shall be re¬ 
passed by two thirds of the Senate and House of Representatives, 
according to the rules and limitations prescribed in the case of 
a bill. 


Section VIII. Powers granted to Congress 

The Congress shall have power: 

1 . To lay and collect taxes, duties, imposts, and excises, to pay 
the debts and provide for the common defense and general welfare 
of the United States; but all duties, imposts, and excises shall be 
uniform throughout the United States; 

2 . To borrow money on the credit of the United States; 

3. To regulate commerce with foreign nations and among the 
several States, and with the Indian tribes; 

4. To establish an uniform rule of naturalization, and uniform 
laws on the subject of bankruptcies throughout the United States; 

5. To coin money, regulate the value thereof, and of foreign coin, 
and fix the standard of weights and measures; 

6 . To provide for the punishment of counterfeiting the secur¬ 
ities and current coin of the United States; 

7. To establish post oflSces and post roads; 

8 . To promote the progress of science and useful arts by securing 
for limited times to authors and inventors the exclusive right to 
their respective writings and discoveries; 

9. To constitute tribunals inferior to the Supreme Court; 


APPENDIX 


V 


10. To define and punish piracies and felonies committed on the 
high seas and offenses against the law of nations; 

11. To declare war, grant letters of marque and reprisal, and 
make rules concerning captures on land and water; 

12. To raise and support armies, but no appropriation of money 
to that use shall be for a longer term than two years; 

13. To provide and maintain a navy; 

14. To make rules for the government and regulation of the land 
and naval forces; 

15. To provide for calling forth the militia to execute the laws 
of the Union, suppress insurrections, and repel invasions; 

16. To provide for organizing, arming, and disciplining the mili¬ 
tia, and for governing such part of them as may be employed in the 
service of the United States, reserving to the States respectively 
the appointment of the oflScers, and the authority of training the 
militia according to the discipline prescribed by Congress; 

17. To exercise exclusive legislation in all cases whatsoever over 
such district (not exceeding ten miles square) as may, by cession of 
particular States and the acceptance of Congress, become the seat 
of the government of the United States, and to exercise like author¬ 
ity over all places purchased by the consent of the legislature of the 
State in which the same shall be, for the erection of forts, maga¬ 
zines, arsenals, dockyards, and other needful buildings; and 

18. To make all laws which shall be necessary and proper for 
carrying into execution the foregoing powers, and all other powers 
vested by this constitution in the government of the United 
States, or in any department or oflScer thereof. 

Section IX, Powers denied to the United States 

1. The migration or importation of such persons as any of the 
States now existing shall think proper to admit shall not be pro¬ 
hibited by the Congress prior to the year one thousand eight 
hundred and eight, but a tax or duty may be imposed on such im¬ 
portation, not exceeding ten dollars for each person. 

2. The privilege of the writ of habeas corpus shall not be sus¬ 
pended, unless when in cases of rebellion or invasion the public 
safety may require it. 

3. No bill of attainder or ex post facto law shall be passed. 

4. No capitation or other direct tax shall be laid, unless in pro¬ 
portion to the census or enumeration hereinbefore directed to be 
taken. 

5. No tax or duty shall be laid on articles exported frotn any 
State. 

6. No preference shall be given by any regulation of commerce 
or revenue to the ports of one State over those of another; nor 
shall vessels bound to or from one State be obliged to enter, clear, 
or pay duties in another. 


VI 


APPENDIX 


7, No money shall be drawn from the treasury but in conse¬ 
quence of appropriations made by law; and a regular statement 
and account of the receipts and expenditures of all public money 
shall be published from time to time. 

8. No title of nobility shall be granted by the United States ; and 
no person holding any ojSSce of profit or trust under them shall, 
without the consent of the Congress, accept of any present, emolu¬ 
ment, ofiice, or title, of any kind whatever, from any king, prince, 
or foreign state. 


Section X. Powers denied to the States 

1. No State shall enter into any treaty, alliance, or confedera¬ 
tion; grant letters of marque and reprisal; coin money; emit bills of 
credit; make anything but gold and silver coin a tender inpay¬ 
ment of debts; pass any bill of attainder, ex post facto law, or law 
impairing the obligation of contracts, or grant any title of 
nobility. 

2. No State shall, without the consent of the Congress, lay any 
imposts or duties on imports or exports, except what may be abso¬ 
lutely necessary for executing its inspection laws; and the net pro¬ 
duce of all duties and imposts, laid by any State on imports or 
exports, shall be for the use of the treasury of the United States; 
and all such laws shall be subject to the revision and control of the 
Congress. 

3. No State shall, without the consent of the Congress, lay any 
duty of tonnage, keep troops or ships of war in time of peace, enter 
into any agreement or compact with another State or with a for¬ 
eign power, or engage in war, unless actually invaded or in such 
imminent danger as will not admit of delay. 


Article II. Executive Department 

Section I. President and Vice-President 

' 1. The executive power shall be vested in a President of the 

United States of America. He shall hold his oflSce during the term 
of four years, and together with the Vice-President, chosen for the 
same term, be elected as follows: 

2. Each State shall appoint, in such manner as the legislature 
thereof may direct, a number of electors, equal to the whole num¬ 
ber of Senators and Representatives to which the State may bo en¬ 
titled in the Congress; but no Senator or Representative, or person 
holding an office of trust or profit under the United States, shall be 
appointed an elector. 

3. [The electors shall meet in their respective States and vote by 


APPENDIX 


vii 


ballot for two persons, of whom one at least shall not be an inhab¬ 
itant of the same State with themselves. And they shall make a 
list of all the persons voted for, and of the number of votes for 
each; which list they shall sign and certify, and transmit sealed to 
the seat of the government of the United States, directed to the 
President of the Senate. The President of the Senate shall, in the 
presence of the Senate and House of Representatives, open all the 
certificates, and the votes shall then be counted. The person hav¬ 
ing the greatest number of votes shall be the President, if such num¬ 
ber be a majority of the whole number of electors appointed; and if 
there be more than one who have such majority, and have an equal 
number of votes, then the House of Representatives shall immedi¬ 
ately choose by ballot one of them for President; and if no person 
have a majority, then from the five highest on the list the said 
House shall in like manner choose the President. But in choosing 
the President the votes shall be taken by States, the representation 
from each State having one vote; a quorum for this purpose shall 
consist of a member or members from two thirds of the States, and 
a majority of all the States shall be necessary to a choice. In every 
case, after the choice of the President, the person having the 
greatest number of votes of the electors shall be the Vice-Pre¬ 
sident. But if there should remain two or more who have equal 
voteSj the Senate shall choose from them by ballot the Vice-Pre¬ 
sident.] 1 

4. The Congress may determine the time of choosing the electors 
and the day on which they shall give their votes, which day shall be 
the same throughout the United States. 

5. No person except a natural born citizen, or a citizen of the 
United States at the time of the adoption of this constitution, shall 
be eligible to the office of President; neither shall any person be 
eligible to that office who shall not have attained to the age of 
thirty-five years, and been fourteen years a resident within the 
United States. 

6. In case of the removal of the President from office, or of his 
death, resignation, or inability to discharge the powers and duties 
of the said office, the same shall devolve on the Vice-President, and 
the Congress may by law provide for the case of removal, death, 
resignation, or inability, both of the President and Vice-President, 
declaring what officer shall then act as President, and such officer 
shall act accordingly until the disability be removed or a President 
shall be elected. 

7. The President shall, at stated times, receive for his services a 
compensation, which shall neither be increased nor diminished dur¬ 
ing the period for which he shall have been elected, and he shall 
not receive within that period any other emolument from the United 
States or any of them. 


^ Superseded by the twelfth amendment. 


viii 


APPENDIX 


8. Before he enter on the execution of his oflSce he shall take the 
following oath or affirmation: 

“I do solemnly swear (or affirm) that I will faithfully execute the 
office of President of the United States, and will to the best of my 
ability preserve, protect, and defend the constitution of the United 
States.” 


Section II. Powers of the President 

1. The President shall be commander-in-chief of the army and 
navy of the United States, and of the militia of the several States 
when called into the actual service of the United States; he may 
require the opinion, in writing, of the principal officer in each of 
the executive departments, upon any subject relating to the duties 
of their respective offices, and he shall have power to grant re¬ 
prieves and pardons for offenses against the United States, except 
in cases of impeachment. 

2. He shall have power, by and with the advice and consent of 
the Senate, to make treaties, provided two thirds of the Senators 
present concur; and he shall nominate, and, by and with the ad¬ 
vice and consent of the Senate, shall appoint ambassadors, other 
public ministers and consuls, judges of the Supreme Court, and all 
other officers of the United States, whose appointments are not 
herein otherwise provided for, and which shall be established by 
law; but the Congress may by law vest the appointment of such 
inferior officers, as they think proper, in the President alone, in 
the courts of law, or in the heads of departments. 

3. The President shall have power to fill up all vacancies that 
may happen during the recess of the Senate, by granting commis¬ 
sions which shall expire at the end of their next session. 

Section III. Duties of the President 

He shall from time to time give to the Congress information of 
the state of the Union, and recommend to their consideration such 
measures as he shall judge necessary and expedient; he may, on 
extraordinary occasions, convene both houses, or either of them, 
and in case of disagreement between them with respect to the time 
of adjournment, he may adjourn them to such time as he shall 
think proper; he shall receive ambassadors and other public minis¬ 
ters; he shall take care that the laws be faithfully executed, and 
shall commission all the officers of the United States. 

Section IV. Impeachment 

The President, Vice-President, and all civil officers of the United 
States shall be removed from office on impeachment for and con- 


APPENDIX ix 

viction of treason, bribery, or other high crimes and misdemean¬ 
ors. 

Article III. Judicial Department 
Section I. United States Courts 

The judicial power of the United States shall be vested in one 
Supreme Court, and in such inferior courts as the Congress may 
from time to time ordain and establish. The judges, both of the 
supreme and inferior courts, shall hold their offices during good 
behavior, and shall, at stated times, receive for their services a 
compensation which shall not be diminished during their continu¬ 
ance in office. 

Section II. Jurisdiction of the United States Courts 

1. The judicial power shall extend to all cases, in law and equity, 
arising under this constitution, the laws of the United States, and 
treaties made, or which shall be made, under their authority; to 
all cases affecting ambassadors, other public ministers, and con¬ 
suls; to all cases of admiralty and maritime jurisdiction; to con¬ 
troversies to which the United States shall be a party; to contro¬ 
versies between two or more States; between a State and citizens 
of another State; between citizens of different States; between 
citizens of the same State claiming lands under grants of different 
States, and between a State, or the citizens thereof, and foreign 
States, citizens, or subjects. ‘ 

2. In all cases affecting ambassadors, other public ministers and 
consuls, and those in which a State shall be a party, the Supreme 
Court shall have original jurisdiction. In all the other cases be¬ 
fore mentioned, the Supreme Court shall have appellate jurisdic¬ 
tion, both as to law and fact, with such exceptions, and under such 
regulations, as the Congress shall make. 

3. The trial of all crimes, except in cases of impeachment, shall 
be by jury; and such trial shall be held in the State where thi 
said crimes shall have been committed; but when not committed 
within any State, the trial shall be at such place or places as the 
Congress may by law have directed. 

Section III. Treason 

1. Treason against the United States shall consist only in levy¬ 
ing war against them, or in adhering to their enemies, giving them 
aid and comfort. No person shall be convicted of treason unless 
on the testimony of two witnesses to the same overt act, or on con¬ 
fession in open court. 

1 This clause has been amended. Sec Amendments, Article xi. 


X 


APPENDIX 


2. The Congress shall have power tp declare the punishment of 
treason, but no attainder of treason shall work corruption of blood 
or forfeiture except during the life of the person attainted. 

Article IV. The States and the Federal Government 
Section I. Stale Records 

Full faith and credit shall be given in each State to the public 
acts, records, and judicial proceedings of every other State. And 
the Congress may by general laws prescribe the manner in which 
such acts, records, and proceedings shall be proved, and the effect 
thereof. 


Section II. Privileges of CitizenSy etc. 

1. The citizens of each State shall be entitled to all privileges 
and immunities of citizens in the several States. 

2. A person charged in any State with treason, felony, or other 
crime, who shall flee from justice, and be found in. another State, 
shall, on demand of the executive authority of the State from which 
he fled, be delivered up, to be removed to the State having juris¬ 
diction of the crime. 

3. No person held to service or labor in one State, under the 
laws thereof, escaping into another, shall, in consequence, of any 
law or regulation therein, be discharged from such service or labor, 
but shall be delivered up on claim of the party to whom.such serv¬ 
ice or labor may be due. ^ 

Section III. 'New States and Territories 

1. New States may be admitted by the Congress into this Union; 
but no new State shall be formed or erected within the juris¬ 
diction of any other State; nor any State be formed by the junc¬ 
tion of two or more States or parts of States, without the con¬ 
sent of the legislatures of the States concerned as well as of the 
Congress. 

2. The Congress shall have power to dispose of and make all 
needful rules and regulations respecting the territory or, other 
property belonging to the United States; and nothing in this con¬ 
stitution shall be so construed as to prejudice any claims of the 
United States or of any particular State. 

Section IV. Guarantees to the States 

The United States shall guarantee to every State in this Union 
a republican form of government, and shall protect each of . them 

* This clause has been nullified by Amendment xni, which abolishes slavery. 


APPENDIX 


zi 


against invasion, and on application of the legislature, or of the 
Executive (when the legislature cannot be convened), against do¬ 
mestic violence. 

Article V. Power of Amendment 

The Congress, whenever two thirds of both houses shall deem 
it necessary, shall propose amendments to this constitution, or, 
on the application of the legislatures of two thirds of the several 
States, shall call a convention for proposing amendments, which in 
either case shall be valid to all intents and purposes as part of this 
constitution, when ratified by the legislatures of three fourths of 
the several States, or by conventions in three fourths thereof, as 
the one or the other mode of ratification may be proposed by the 
Congress, provided that no amendment which may be made prior 
to the year one thousand eight hundred and eight shall in any 
manner affect the first and fourth clauses in the ninth section of 
the first article; and that no State, without its consent, shall be 
deprived of its equal suffrage in the Senate. 

Article VI. Public Debt, Supremacy of the Constitu¬ 
tion, Oath of Office, Religious Test 

1. All debts contracted and engagements entered into, before 
the adoption of this constitution, shall be as valid against the 
United States under this constitution as under the Confedera¬ 
tion. 

2. This constitution, and the laws of the United States which 
shall be made in pursuance thereof, and all treaties made, or 
which shall be made, under the authority of the United States, 
shall be the supreme law of the land; and the judges in every 
State shall be bound thereby, anything in the constitution or laws 
of any State to the contrary notwithstanding. 

3. The Senators and Representatives before mentioned, and the 
members of the several State legislatures, and all executive and 
judicial officers both of the United States and of the several States, 
shall be bound by oath or affirmation to support this constitution; 
but no religious test shall ever be required as a qualification to any 
office or public trust under the United States. 

Article VII. Ratification of the Constitution 

The ratification of the conventions of nine States shall be suf¬ 
ficient for the establishment of this constitution between the States 
so ratifying the same. 

Done in convention by the unanimous consent of the States 
present, the seventeenth day of September, in the year of our 
Lord, one thousand seven hundred and eighty-seven, and ot 


APPENDIX 


Kii 


the Independence of the United States of America the twelfth. 
In witness whereof, we have hereunto subscribed our names. 

George Washington, President, and Deputy from Virginia. 

New Hampshire — John Langdon, Nicholas Gilman. 

Massachusetts — Nathaniel Gorham, Rufus King. 

Connecticut — William Samuel Johnson, Roger Sherman. 

New York — Alexander Hamilton. 

New Jersey — William Livingston, David Brearley, William 
Paterson, Jonathan Dayton. 

Pennsylvania — Benjamin Franklin, Thomas Mifflin, Robert 
Morris, George Clymer, Thomas Fitzsimons, Jared Ingersoll, 
James Wilson, Gouverneur Morris. 

Delaware — George Read, Gunning Bedford, Jr., John Dickin¬ 
son, Richard Bassett, Jacob Broom. 

Maryland — James McHenry, Daniel of St. Thomas Jenifer, 
Daniel Carroll. 

Virginia — John Blair, James Madison, Jr. 

North Carolina — William Blount, Richard Dobbs Spaight, 
Hugh Williamson. 

South Carolina — John Rutledge, Charles Cotesworth Pinck¬ 
ney, Charles Pinckney, Pierce Butler. 

Georgia — William Few, Abraham Baldwin. 

Attest: William Jackson, Secretary, 


AMENDMENTS » 

Article I 

Congress shall make no law respecting an establishment of re¬ 
ligion, or prohibiting the free exercise thereof; or abridging the 
freedom of speech or of the press; or the right of the people peace¬ 
ably to assemble, and to petition the government for a redress 
of grievances. 


Article II 

A well-regulated militia being necessary to the security of a free 
State, the right of the people to keep and bear arms shall not be 
infringed. 


Article III 

No soldier shall, in time of peace, be quartered in any house 
without the consent of the owner, nor in time of war, but in a man¬ 
ner to be prescribed by law. 

* The first ten amendments were proposed by Congress, September 25, 1789, and de¬ 
clared in force December 15, 1791. 


APPENDIX 


Xlll 


Article IV 

The right of the people to be secure in their persons, houses, 
papers, and efiFects, against unreasonable searches and seizures 
shall not be violated, and no warrants shall issue but upon prob¬ 
able cause, supported by oath or affirmation, and particularly 
describing the place to be searched, and the persons or things to be 
seized. 


Article V 

No person shall be held to answer for a capital or otherwise 
infamous crime, unless on a presentment or indictment of a grand 
jury, except in cases arising in the land or naval forces, or in the 
militia, when in actual service in time of war or public danger; 
nor shall any person be subject for the same offense to be twice 
put in jeopardy of life or limb; nor shall be compelled in any 
criminal case to be a witness against himself, nor be deprived of 
life, liberty, or property, without due process of law; nor shall 
private property be taken for public use without just compensation. 

Article VI 

In all criminal prosecutions the accused shall enjoy the right to 
a speedy and public trial, by an impartial jury of the State and 
district wherein the crime shall have been committed, which dis¬ 
trict shall have been previously ascertained by law, and to be in¬ 
formed of the nature and cause of the accusation; to be confronted 
with the witnesses against him; to have compulsory process for 
obtaining witnesses in his favor, and to have the assistance of 
counsel for his defense. 


Article VII 

In suits at common law, where the value in controversy shall 
exceed twenty dollars, the right of trial by jury shall be preserved, 
and no fact tried by a jury shall be otherwise reexamined in any 
court of the United States, than according to the rules of the com¬ 
mon law. 


Article VIII 

Excessive bail shall not be required, nor excessive fines imposed, 
nor cruel and unusual punishments inflicted. 


Article IX 

The enumeration in the constitution of certain rights shall not 
be construed to deny or disparage others retained by the people. 


XIV 


APPENDIX 


Article X 

The powers not delegated to the United States by the constitu¬ 
tion, nor prohibited by it to the States, are reserved to the States 
respectively or to the people. 

Article XI ^ 

The judicial power of the United States shall not be construed 
to extend to any suit in law or equity, commenced or prosecuted 
against one of the United States by citizens of another State, or 
by citizens or subjects of any foreign state. 

Article XII * 

1. The electors shall meet in their respective States and vote 
by ballot for President and Viee-President, one of whom, at least, 
shall not be an inhabitant of the same State with themselves; they 
shall name in their ballots the person voted for as President, and 
in distinct ballots the person voted for as Vice-President, and they 
shall make distinct lists of all persons voted for as President and 
of all persons voted for as Vice-President, and of the number of 
votes for each; which lists they shall sign and certify, and trans¬ 
mit sealed to the seat of the government of the United States, 
directed to the President of the Senate. The President of the 
Senate shall, in the presence of the Senate and House of Repre¬ 
sentatives, open all the certificates and the votes shall then be 
counted. The person having the greatest number of votes for 
President shall be the President, if such number be a majority of 
the whole number of electors appointed; and if no person have 
such majority, then from the persons having the highest numbers 
not exceeding three on the list of those voted for as President, the 
House of Representatives shall choose immediately, by ballot, the 
President. But in choosing the President the votes shall be taken 
hy States, the representation from each State having one vote; a 
((uorum for this purpose shall consist of a member or members 
from two thirds of the States, and a majority of all the States shall 
be necessary to a choice. And if the House of Representatives 
shall not choose a President whenever the right of choice shall 
devolve upon them, before the fourth day of March next following, 
then the Vice-President shall act as President, as in the case of the 
death or other constitutional disability of the President. 

2. The person having the greatest number of votes as Vice-Pre¬ 
sident shall be the Vice-President, if such number be a majority of 
the whole number of electors appointed; and if no person have a 

* Proposed by Congress March 5, 1794, and declared in force January 8, 1798. 

• Proposed by Congress December 12, 1803, and declared in force September 25, 1804 . 


APPENDIX 


XV 


majority, then from the two highest numbers on the list the Senate 
shall choose the Vice-President; a quorum for the purpose shall 
consist of two thirds of the whole number of Senators, and a ma¬ 
jority of the whole number shall be necessary to a choice. 

3. But no person constitutionally ineligible to the oflBce of Pre¬ 
sident shall be eligible to that of Vice-President of the United 
States. 


Article XIII ^ 

1. Neither slavery nor involuntary servitude, except as a pun¬ 
ishment for crime whereof the party shall have been duly con¬ 
victed, shall exist within the United States or any place subject 
to their jurisdiction. 

2. Congress shall have power to enforce this article by appro¬ 
priate legislation. 


Article XIV * 

1. All persons born or naturalized in the United States, and sub¬ 
ject to the jurisdiction thereof, are citizens of the United States 
and of the State wherein they reside. No State shall make or en¬ 
force any law which shall abridge the privileges or immunities of 
citizens of the United States; nor shall any State deprive any per¬ 
son of life, liberty, or property, without due process of law; nor 
deny to any person within its jurisdiction the equal protection of 
the laws. 

2. Representatives shall be apportioned among the several States 
according to their respective numbers, counting the whole number 
of persons in each State, excluding Indians not taxed. But when 
the right to vote at any election for the choice of electors for 
President and Vice-President of the United States, Representa¬ 
tives in Congress, the executive and judicial oflScers of a State, or 
the members of the legislature thereof, is denied to any of the male 
inhabitants of such State, being twenty-one years of age, and citi¬ 
zens of the United States, or in any way abridged, except for par¬ 
ticipation in rebellion, or other crime, the basis of representation 
therein shall be reduced in the proportion which the number of 
such male citizens shall bear to the whole number of male citizens 
twenty-one years of age in such State. 

3. No person shall be a Senator or Representative in Congress, 
or elector of President and Vice-President, or hold any office, civil 
or military, under the United States or under any State, who, hav¬ 
ing previously taken an oath as a member of Congress, or as an 
officer of the United States, or as a member of any State legisla¬ 
ture, or as an executive or judicial officer of any State, to support 

* Proposed by Congress February 1, 1865, and declared in force December 18, 1885. 

* Proposed by Congress June 16, 1866, and declared in force July 28, 1868. 


xvi 


APPENDIX 


the constitution of the United States, shall have engaged in insur¬ 
rection or rebellion against the same, or given aid or comfort to 
the enemies thereof. But Congress may, by a vote of two thirds 
of each house, remove such disability. 

4. The validity of the public debt of the United States, author¬ 
ized by law, including debts incurred for payment of pensions and 
bounties for services in suppressing insurrection or rebellion, shall 
not be questioned. But neither the United States nor any State 
shall assume or pay any debt or obligation incurred in aid of insur¬ 
rection or rebellion against the United States, or any claim for the 
loss or emancipation of any slave; but all such debts, obligations, 
and claims shall be held illegal and void. 

5. The Congress shall have power to enforce, by appropriate 
legislation, the provisions of this article. 

Article XV ^ 

1. The right of citizens of the United States to vote shall not 
be denied or abridged by the United States or by any State on 
account of race, color, or previous condition of servitude. 

2. The Congress shall have power to enforce this article by 
appropriate legislation. 


Article XVI * 

The Congress shall have power to lay and collect taxes on in¬ 
comes, from whatever source derived, without apportionment 
among the several States, and without regard to any census or 
enumeration. 


Article XVII ^ 

1. The Senate of the United States shall be composed of two 
Senators from each State, elected by the people thereof, for six 
years; and each Senator shall have one vote. The electors in each 
State shall have the qualifications requisite for electors of the most 
numerous branch of the State legislatures. 

2. When vacancies happen in the representation of any State 
in the Senate, the executive authority of such State shall issue 
writs of election to fill such vacancies: Provided, That the legisla¬ 
ture of any State may empower the executive thereof to make 
temporary appointments until the people fill the vacancies by 
election as the legislature may direct. 

3. This amendment shall not be so construed as to affect the 
election or term of any Senator chosen before it becomes valid as 
part of the Constitution. 

^ Proposed by Congress February 26, 1869, and declared in force March 30, 1870 . 

* Proposed by Congress July 12, 1909, and declared in force February 25, 191S. 

* Proposed by Congress June 12, 1912, and declared in force, April 8, 1913. 


APPENDIX 


xvu 


Article XVIII ^ 

Sect. 1. After one year from the ratification of this article the 
manufacture, sale or transportation of intoxicating liquors within, 
the importation thereof into, or the exportation thereof from the 
United States and all territories subject to the jurisdiction thereof 
for beverage purposes is hereby prohibited. 

Sect. 2. The Congress and the several States shall have con 
current power to enforce this article by appropriate legislation. 


Article XIX ^ 

The right of citizens of the United States to vote shall not be 
denied or abridged by the United States or by any State on ac¬ 
count of sex. Congress shall have power by appropriate legisla¬ 
tion to enforce the provisions of this article. 


APPENDIX B 

AREA AND POPULATION OF TERRITORIES 
AND INSULAR POSSESSIONS 


TERRITORY 

Date of 
Acquisition 

Date of 
Organization 

Area Square 
Miles 

1 Population, 1920 

Alaska. 

1867 

1868 

590,884 

54,899 

District of Columbia . . 


1791 

70 

437,571 

Guam. 

1899 


210 

*3,275 

Hawaii. 

1898 

1900 

6,449 

255.9*2 

Panama Canal Zone . . 

1904 


436 

22,858 

Philippine Islands . . . 

1899 

1902 

115,026 

*0,350,640 

Porto Rico. 

1899 

1900 

3,435 

1,299,809 

Tutuila Group, Samoa 

1900 


77 

8,056 

Virgin Islands .... 

1917 


*50 

26,051 

Total. 



716,737 1 

12,469,071 


1 Proposed by Congress December 19, 1917, and declared by the Department of State on 
January 29, 1919, to be in force on and after January 16, 1920. 

2 Proposed by Congress June 4, 1919, and declared in force August 26, 1920. 



















XVlll 


APPENDIX 


APPENDIX C 


AREA, POPULATION, AND ELECTORAL VOTES 

OF THE STATES 







o 


STATE 




v S;! 
eZ a 

S p o 

Area Square 
Miles 








Alabama . . 





1819 

51.998 

Arizona . . 





1912 

113.956 

Arkansas . . 





1836 

53.335 

California 





1850 

158,297 

Colorado . 





187s 

103,948 

Connecticut • 





1788 

4,96s 

Delaware . . 





1787 

2,370 

Florida . . 





184s 

58,666 

Georgia . . 





1788 

59.265 

Idaho . . . 





1890 

83,888 

Illinois . . 





1818 

56,665 

Indiana . . 





1816 

36,354 

Iowa . . . 





1846 

56,147 

Kansas . . 





1861 

82,158 

Kentucky 





1791 

40,598 

Louisiana 





1812 

48,506 

Maine . . . 





1820 

33.040 

Maryland 





1788 

12,327 

Massachusetts 





1788 

8,266 

Michigan . . 





1837 

57,980 

Minnesota 





1858 

84,682 

Mississippi . 





1817 

46,865 

Missoun . . 





1821 

69,420 

Montana . . 





1889 

146,997 

Nebraska . . 





1867 

77,520 

Nevada . . 





1864 

110,690 

New Hampshire 




1788 

9,341 

New Jersey . 





1787 

8,224 

New Mexico 





1912 

122,634 

New York . 





1788 

49,204 

North Carolina 




1789 

52,426 

North Dakota 





1889 

70,837 

Ohio . . . 





1802 

41,040 

Oklahoma 





1907 

70,057 

Oregon . . 





1859 

96,699 

Fentisylvania 





1787 

45,126 

Rhode Island 





1790 

1,248 

iSouth Carolina 





1788 

30,989 

South Dakota 





1889 

77,615 

Tennessee. . 





1796 

42,022 

Texas . . . 





184s 

265,896 

Utah . . . 





1894 

84,990 

Vermont . . 
Virginia . . 





1791 

1788 

9,564 

42,627 

Washington . 





1889 

69,127 

West Virginia 





1863 

24,170 

Wisconsin . . 





1848 

56,066 

Wyoming. . 





1890 

97,914 

Total 

• 

• 

• 

• 


3,026.719 


POPULATION 

G 

« 







1910 

1!»20 




0.0 

2,138,093 

2,348,174 

12 

204,354 

334.162 

3 

1 , 574,449 

1,752,204 

9 

2 , 377,549 

3,426,861 

13 

799,024 

939,629 

6 

1,114,756 

1,380,631 

7 

202,322 

752,619 

223,003 

968,470 

3 

6 

2,609,121 

2,895,832 

14 

325,594 

431,866 

4 

5,638,591 

6,485,280 

29 

2,700,876 

2,930,390 

IS 

1 2,224,771 

2,404,021 

13 

1,690,949 

1.769,257 

10 

2,289,90s 

2,416,630 

13 

1,656,388 

1.798,509 

10 

742,371 

768,014 

6 

1,295,346 

1,449,661 

3.852,356 

3 

3,366,416 

18 

2,810,173 

3,668,412 

15 

2,075,708 

2,387,12s 

12 

1,797.114 

1,790,618 

10 

3 , 293,335 

3,404,05s 

18 

f 376 ,oS 3 

548,889 

4 

1,192,214 

1,296,372 

8 

81,87s 

77,407 

3 

430,572 

443,083 

4 

2,537,167 

3,155,900 

14 

327,301 

360,350 

3 

9,113,614 

10,385,227 

45 

2,206,287 

2 , 559,123 

12 

577,056 

646,872 

5 

4,767,121 

5 . 759,394 

24 

1,657,15s 

2,028,283 

10 

672,765 

783,389 

5 

7,665,111 

8,720,017 

38 

542,610 

604,397 

5 

1,515,400 

1.683,724 

9 

583,888 

636,547 

5 

2,184,789 

2 , 337 , 88 s 

12 

3,896.542 

4,663,228 

20 

373,351 

449.396 

4 

355,956 

352,428 

4 

2,061,612 

2,309,187 

12 

1,141,990 

1,356,621 

7 

1,221,119 

2,333,860 

1.463,701 

8 

2,632,067 

13 

145.965 

194,402 

3 

91,641,197 

105,273,049 

531 
































APPENDIX 


XIX 


APPENDIX D 

ILLUSTRATIVE MATERIAL FOR THE STUDY OP 
GOVERNMENT 

Part I. Local Governments. Chapters i-vi 

1. A map of the pupil’s State, showing the counties. 

2. An enlarged map of the pupil’s county, showing its subdivisions. 

3. Reports of county and town or township officers. 

4. Ballots used at county elections. 

5. A collection of legal notices from the local papers. 

6. Copies of the more common legal blanks (deeds, mortgages, etc.). 

7. Towm warrants, tax-bills, and other town documents. 

8. The State constitution and revised statutes. 

9. The manual of the State legislature. 

10. The city charter and ordinances. 

11. A copy oi the city manual for each pupil. 

12. A map of the city showing ward lines and election precincts. 

13. The city council calendar. 

14. Copies of measures introduced into the council, and of ordinances 
published in the daily papers. 

15. Reports of the several municipal departments and officers. 

16. A declaration of taxable property and a tax-bill. 

17. Copies of tally-sheets used at elections. 

18. Copies of nomination petitions, if used. 

19. Copies of the ballots used at municipal, State, and national elections. 

20. A copy of the jury list. 

21. A set of the forms used in civil and criminal actions. 


Part II. State Governments. Chapters vii-xvii 

1. Copies of the constitution and revised statutes of the pupil’s own 
State. 

2. A collection of the constitutions of all the States. The most recent 
and complete is F. N. Thorpe’s The Federal and State Constitutions, 
Colonial Charters, and other Organic Laws (1909). 

3. A good text-book on the government of the pupil’s own State, such 
as the Handbooks of American Government, edited by L. B. Evans. 

4. The manual of the State legislature. 

5. A volume of the laws made during a legislative session. 

6. A volume of the reports of the Supreme Court. 

7. A map of the pupil’s State, showing the representative and senatorial 
election districts. 

8. Copies of the ballots used at State and national elections. 

9. Copies of bills which have been introduced into the legislature. 

10. Copies of the calendar and the journal of each house of the legisla¬ 
ture. 


XX 


APPENDIX 


Part III. The National Government. 

Chapters xviii-xxxvii 

1. A large political map of the United States, showing territorial ao» 
quisitions. 

2. A good physiographic map of the United States. 

3. Abstract of the Thirteenth Census, and the statistical atlas of the 
Thirteenth Census. 

4. The Statistical Abstract of the United States. 

5. The United States Revised Statutes. 

6. Copies of the House Manual and the Senate Manual. 

7. Latest copy of the Congressional Directory. 

8. The Congressional Record. 

9. Reports of the federal departments and bureaus, especially those 
of the Civil Service Commission, the Interstate Commerce Commis¬ 
sion, the Commissioner of Education, the Commissioner of Immigra¬ 
tion, the Monthly Summary of Commerce and Finance, the Year- 
Book of the Department of Agriculture, the Consular Reports, and 
the Labor Bulletins. 

10. The Executive Register, published by the Government Printing 
OflSce. 

11. Thorpe’s The Federal and State Constitutions. This contains also 
the early charters and plans of Union. 

APPENDIX E 

SELECTED REFERENCES ON AMERICAN 
GOVERNMENT 

Bibliographies and Outlines for the Study of Government 

Brookings, W. D., and Ringwalt, R. C., Briefs for Debate on Current Polit¬ 
ical, Economic, and Social Topics (1896). 

Channing, E., and Hart, A. B., Guide to the Study of American History 
(1896). 

Hart, A. B., Handbook of the History, Diplomacy, and Government of the 
United States (1908). 

- Source Book of American History (1899). 

Municipal Affairs, vol. v, no. 1 (1901), contains a classified list of books 
and articles on local government. 

New England History Teachers’ Association, Outline for the Study of Ameri¬ 
can Civil Government (1910). 

New York State Education Department, Syllabus for Secondary Schools 
(1910). (Outline for the study of Civics, pp. 135-154.) 

Sources in American Government 

Beard, C. A., Readings in American Government and Politics (1910). 

Hart, A. B., American History told by Contemporaries (1906, 4 vols.). 
Kaye, P. L., Readings in Civil Government (1910). 

Macdonald, William, Select Charters and other Documents illustrative oj 
American History, 1606-1775 (1904). 

- Select Documents illustrative of the History of the United States, 

1776-1861 (1898). 




APPENDIX 


XXI 


Macdonald, William, Select Statutes and other Documents illustrative of 
American History, 1861-1898 (1903). 

Reinsch, P. S., Readings on American Federal Government (1909). 

Richardson, J. D., A Compilation of the Messages and Papers of the Pre¬ 
sidents, 1789-1897 (1896-1899, 10 vols.). 

Thayer, J. B., Cases on Constitutional Law; with Notes (1895, 2 vols.). 

Thorpe, F. N., The Federal and State Constitutions (1909, 7 vols.). 

Constitutional and Governmental Histories 

Channing, Edward, A Student's History of the United States (1905). 

Hart, A. B., ed.. Epochs of American History, including Thwaites, R. G., 
The Colonies; Hart, A. B., Formation of the Union; Wilson, W., Division 
and Reunion (1897-1898, 3 vols.). 

- The American Nation; A History (1907, 27 vols.). 

Landon, J. S., The Constitutional History and Government of the United 
States (1905). 

McMaster, J. B., History of the People of the United States from the Revolu¬ 
tion to the Civil War (1901). 

Schouler, James, History of the United States of America under the Con¬ 
stitution (1906, 6 vols.). 

Sparks, E. E., The United States of America (1904, 2 vols.). 

Thorpe, F. N., Constitutional History of the United States, 1765-1895 (1901, 
3 vols.). 


Constitutional Treatises on American Government 
Black, H. C., Handbook of American Constitutional Law (1897). 

Cooley, Thomas M., Principles of Constitutional Law (1898). 

Kent, James, Commentaries on American Law (14th ed., 1896, 4 vols.). 
McClain, E., Constitutional Law in the United States (1905). 

Story, Joseph, Commentaries on the Constitution of the United States (5th 
ed., 1905, 2 vols.). 

Tucker, John R., The Constitution of the United States (1899, 2 vols.). 

General Works on American Government 
Ashley, R. L., The American Federal State (1903). 

Beard, C. A., American Government and Politics (1910). 

Bryce, James, The American Commonwealth (1907, 2 vols.). 

Goodnow, F. J., Comparative Administrative Law (Student’s Abridged ed., 
1903). 

Hart, A. B., Actual Government (1903). 

Lalor, John J., Cyclopedia of Political Science (1899). 

Schouler, James, Constitutional Studies, State and Federal (1904). 
Willoughby, W. W., The American Constitutional System (1904). 

Wilson, Woodrow, The State (1906). 

Rural Local Government 

Fairlie, J. A., Local Government in Counties, Towns, and Villages (1906). 
Howard, G. E., Introduction to the Local Constitutional History of the United 
States (1889). 

Municipal Government 

Fairlie, J. A., Municipal Administration (1901). 

Goodnow, Frank J., City Government in the United States (1904). 

Rowe, L. S., Problems of City Government (1908). 



XXll 


APPENDIX 


Wilcox, Delos F., The American City ; A Problem in Democracy (1904). 
Zueblin, Charles, American Municipal Progress (1903). 

State Government 

Baldwin, S. E., The American Judiciary (1905). 

Blackman, F. W., Economics for High Schools (1907). 

Bliss, W. D. P., and others, eds., Cyclopedia of Social Reform (190S). 
Butler, Wilson R., Government in the New England States (1905). 

Cooley, Thomas M., Constitutional Limitations (1890). 

Dealey, J. Q., Our State Constitutions (1907). 

I'^ly, R. T., Taxation in American States and Cities (1888). 

Finley, J. H., and Sanderson, J. F., The American Executive and Executive 
Methods (1908). 

Plehn, Carl, Introduction to Public Finance (1897). 

Reinsch, P. S., American Legislatures and Legislative Methods (1907). 
State Governments, Handbooks of, edited by Evans, L. B.: Government 
of New York, Morey, W. C. (1902); Government of Ohio, Siebert, W. H. 
(1904); Government of Illinois, Greene, E. B. (1904); Government of 
Maine, Macdonald, Wm. (1902). 

Wright, Carroll D., Outline of Practical Sociology (1899). 

The Federal Government 

Brewer, David J., The United States Supreme Court (1903). 

Dewey, D. R., Financial History of the United States (1903). 

Fairlie, J. A., The National Administration of the United States of America 
(1905). 

Follett, M. P., The Speaker of the House of Representatives (1904). 
Hamilton, Madison, and Jay, The Federalist (Lodge, H. C., ed., 1904). 
Harrison, B., This Country of Ours (1903). 

McConachie, L. G., Congressional Committees (1898). 

Rhodes, J. F., The Presidential Office (1903). 

Tiedemann, C. G., The Univritten Constitution of the United States (1890). 
Various authors, History-Making: The Story of a Great Nation (1910). 
Willoughby, W. W., Territories and Dependencies of the United States (1905). 
Wilson, Woodrow, Constitutional Government in the United States (1908). 
Woodburn, J. A., The American Republic and its Government (1903). 

Political Parties and Elections 

Dallinger, F. W., Nominations for Elective Office in the United States (1897). 
Ford, H. J., The Rise and Growth of American Politics (1898). 

Fuller, R. H., Government by the People (1908). 

Goodnow, F. J., Politics and Administration (1900). 

Johnston, Alexander, History of American Politics (1902). 

Macy, Jesse, Party Organization and Machinery (1904). 

Merriam, C. E., Primary Elections (1908). 

Stan wood, E., History of the Presidency (1904). 

Woodburn, J. A., Political Parties and Party Problems in the United StaU» 
(1909), 


INDEX 

{References are to 'pages of text.) 


Adjournment of Congress, 267. 

Adjutant-General, State, 112. 

Administrative departments, city, 
57-58; State, 109-113; national, 
312-326. 

Administrative law, 100. 

Administrators, appointment of, 120. 

Admission of States, 91, 421-423. 

Agriculture, State department of, 
112, 160; federal department of, 
320-321. 

Aircraft Board, 325. 

Alabama, 27, 104, 137, 179, 251, 
262, 477; the Alabama Claims, 404. 

Alaska, 230, 259, 415; government 
of, 423-424. 

Albany plan of union, 208. 

Alexandria conference, 215. 

Alien and Sedition Laws, 456. 

Aliens, 444-445. 

Almshouses, 153. 

Ambassadors, appointment and re¬ 
ception of, 305-306, 409; classes, 
term, salary, 409; duties and priv¬ 
ileges, 409-410. 

Amendment process, under State 
constitutions, 91-93; under fed¬ 
eral constitution, 226-227; analy¬ 
sis of federal amendments, 227- 
228. 

American Association, the, 209. 

Annapolis Academy, the, 185, 317, 
440. 

Annapolis Convention, 215. 

Annexations, territorial, 414-416. 

Anti-Federalists, 456-457. 

Anti-Masonic party, 459. 

Anti-Trust Act of 1890, 396-397. 
See Trusts. 

Appeals, in civil cases, 124; in fed¬ 
eral courts, 335-336; State courts 
of appeals, 119; federal circuit 
courts of appeals, 334. 

Appointment to office, municipal, 57; 
State, 107, 111-113; federal, 231- 
232, 300-305. 


Apportionment, for State legisla¬ 
tures, 95; for United States Repre* 
sentatives, 259-261. 

Appropriations, municipal, 31; State, 
193-194; federal, 342-346. 

Arbitration, State boards of, 161; 
international, 404, 407-408. 

Arizona, 93, 104, 259; territorial 
government of, 419-420. 

Arkansas, 93, 104, 251, 477. 

Army, United States, 433-438. 

Arrest, warrant for, 142-143. 

Arson, 142. 

Articles of Confederation, 380, 417; 
analysis of, 210-213; contrast 
with federal constitution, 217,329. 

Assemblies, colonial, 76, 83. 

Assessments, special, 191-192. 

Assessor, county, 26, 35; township, 
32; city, 57. 

“Association,” the American, 209. 

Attainder, bill of, 240, 242; attainder 
of treason, 451-453. 

Attorney, 121; prosecuting (State), 
26, 34, 111, 121; federal, 337. 

Attorney-General, State, 109-111, 
121; federal, 316. 

Auditor, county, 26, 35; State, 109- 

110 . 

Australian ballot, 480. 

Bail, 143. 

Balances, checks and, 89. 

Ballot, Australian, 480. 

Banking, State commissioner of, 112. 

Bankruptcy, 394. 446. 

Banks, State, 164,370-371; national, 
354, 371-373; United States, 352, 
369-370. 

Belligerents, 401. 

Bicameral legislature, 95, 248. 

Bill of attainder, 240, 242, 451-453. 

Bill of credit, 240. 

Bill of Rights, State, 87; federal, 227. 

Bills, introduction of, in State legis¬ 
lature, 98; in Congress, 276. 



XXIV 


INDEX 


Bimetallism, 362-364, 366-367. 

Boards, municipal, 44; county, 26, 
33, 35, 167; State, 44, 112, 151. 

Bond issues, municipal, 53; State, 
203; national, 355-356. 

Borough, English municipal, 39-40. 

Borrowing power: of municipal gov¬ 
ernments, 52-53; of State govern¬ 
ments, 203-204; of the national 
government, 354-357. 

“Boss,” party, 462. 

Bridges, construction of, 168. 

Budget, preparation of federal, 343- 
346. 

Birnglary, 142. 

Business taxes, 200. 

Cabinet, under parliamentary gov¬ 
ernment, 813; in United States, 
232, 312-313. 

Calendar, legislative, 276. 

California, 93, 104, 117, 120, 159, 
161, 174, 175, 176, 251, 262, 445, 
477. 

Canals, 168-169. See Panama Canal. 

Candidates, for State oflSce, 467- 
468; for local oflSces, 466-467; 
presidential candidates, 470, 473- 
475. See Conventions, and Pri¬ 
mary. 

Cantonments, army, 435. 

Capital punishment, 145. 

Capital, the national. See Washing¬ 
ton, D.C. 

Capitation tax, 201. 

Caucus, nominations by, 465-466; 
legislative caucus, 271, 274-275, 
469. 

Census, bureau of, 321; apportion¬ 
ment after decennial census, 260. 

Certificates, gold and silver, 361, 
362, 368. 

Certiorari, writs of, 119. 

Chairman. See Committees, party. 

“Challenges,” in selection of jury, 
123. 

Chancellor, English, 116. 

Chancery courts, 116. 

“Charge,” of judge to jury, 123. 

Charges and prices, regulation of, 
138. 

Charities, municipal, 66; adminis¬ 
tration of charities, 151; methods 
of poor relief, 153; dependent chil¬ 


dren, 153-154; medical charities, 
154; vagrants, 154; charity organi¬ 
zation societies, 155; care of defec¬ 
tive classes, 155-156; cost of chari¬ 
ties, 156. 

Charter colonies, 74-75. 

Charter, municipal, 41, 42; charter¬ 
making for cities, 45-46. 

Checks and balances, 89. 

Child labor, 137, 161. 

Children, care of dependent, 153- 
154. 

Chinese, exclusion of, 390; naturali¬ 
zation of, forbidden, 445. 

Chisholm v. Georgia, 227. 

Circuit court of appeals, federal, 33. 

Circuit court. State, 118; federal, 
333-334. See Judiciary. 

Citizenship, admission to, 444-446; 
privileges of, 446. 

City, definition of, 38; dual charac¬ 
ter of, 38; origin and development 
of, 38-41; history of, in Great 
Britain, 39-40; in United States, 
41-48; charter of, 40-42; powers 
of, 42; relation to State govern¬ 
ments, 38, 41-45; special legisla¬ 
tion for, 43-45; franchises, 43, 69- 
70; commission government for, 
45-47; city-manager plan, 47; im¬ 
provements in government of, 47- 
48; council, see Council; mayor, 
55-57; administrative oflBcials of, 
57-58; taxation in, 51-52; civi^ 
service, 58, 62; police system, 61- 
62; fire and health departments 
62-63; education in, 64-65; parka 
and playgrounds, 65; poor relief 
in, 65-66, 153-155; streets and 
sew^ers, 66-67; city-planning, 67; 
water supply, 68; lighting, 68-69; 
railways, 69; municipal monopo¬ 
lies, 69-70; municipal ownership, 
71-72; courts, 118; concentration 
of immigrants in, 392. 

Civil actions, procedure in, 122-124. 

Civil-Rights Cases, 340. 

Civil Service Commission, 323. 

Civil service, municipal, 57-58, 62; 
State, 113; federal, 303-305, 323. 

Civil War, 203; foreign affairs dur» 
ing, 403-404; pensions, 441-442. 

Claims, federal court of, 336. 

Clayton Anti-Trust Act, 398. 




INDEX 


XXV 


Clerk, county, 26, 35; township, 31; 
of State courts, 121, 122, 

Codification of the law, 117. 

Coinage, 360-364. 

Collectors, of local taxes, 25, 31, 34; 
of customs duties, 349; of internal 
revenue taxes, 351. 

Colleges and universities, 175-177. 

Colonies, establishment of, in North 
America, 74; charters of, 74; char¬ 
acteristics and classification of, 
74-76; legislative and executive 
in, 76-77; judiciary in, 115-116; 
relations with Great Britain, to 
1760, 77-78; mercantile system 
for, 80-81; dispute wdth Great 
Britain, 78-83; early attempts at 
union, 207-209. See Revolution, 
American. 

Colorado, 35, 93,104,108, 161, 478. 

Columbia, District of, acquisition 
and government of, 424-425; 
courts of, 336. 

Comity, interstate, 246. 

Commander-in-chief, power of Presi¬ 
dent as, 297-300. 

Commerce, under Articles of Con¬ 
federation, 213, 215, 380; discus¬ 
sion of, in Constitutional Con¬ 
vention, 219; commercial powers 
under the constitution, 230, 380- 
381; navigation, 381-382; river 
and harbor improvements, 11, 

383- 384; tariff duties, 348-349, 

384- 389; internal revenue duties, 
314, 350-352; immigration, 390- 
392; railway transportation, 394- 
396; Anti-Trust Acts, 396-398; in¬ 
terstate commerce, 164, 392-398; 
State regulations affecting com¬ 
merce, 163-170. 

Commerce, Department of, 321. 

Commission government, in cities, 
45-47; municipal boards or com¬ 
missions, 44; State commissions, 
44, 112, 151. 

Commissioners, county, 26, 33, 35, 
167. 

Committee system, in city councils, 
54; in State legislatures, 97-98; 
committee of the whole, 98; com¬ 
mittees in Congi-ess, 232, 274-276; 
conference committees, 278. 

Committees of Correspondence, 209, 


Committees, party, 460-462. 

Common law, 115-117. See Law. 

Common pleas, court of, 118. 

Compromise type of local govern¬ 
ment, 22, 28-30. 

Compromises of constitution, 218- 

220 . 

Comptroller, city, 57; State, 109, 

110 . 

Compulsory education, 181-182. 

Concurrent powers, 239. 

Confederation, Articles of, 380, 417; 
analysis of, 210-213; New England 
Confederation, 208. 

Conference committees, 278. 

Congresses, early; the Albany (1754), 
208; Stamp Act Congress (1765), 
208; First Continental (1774), 209; 
Second Continental (1775-1781), 
209-210. 

Congress, United States, contrast 
w'ith powers of State legislatures, 
100; usages affecting, 232; ses¬ 
sions, 267; internal organization, 
268; quorum, 269-270; president 
of Senate, 270; Speaker of House, 
270-273; committees of Congress, 
273-276; process of legislation, 
276-278; relations with President, 
278-279, 307-309; limitation on 
powers of, 279-280; express pow¬ 
ers of, 280-281; implied powers of, 
281-282; salary of members, 253; 
privileges of members, 253. See 
Senate, House of Representatives. 

Congressional Library, 325. 

Congressional Record, the, 269. 

Connecticut, 75, 86, 104, 108, 120, 
159, 161, 178, 180, 181, 208, 223, 
262, 417, 477, 478. 

Connecticut Compromise, 248-249. 

Conservation of natural resources, 
11, 159. 

Constable, 30, 32, 35, 121, 122. 

Constitution, definition of, 3; writ¬ 
ten and unwritten, 3. 

Constitution, federal, demand for, 
215-216; call of convention to 
frame, 216; the framing of, 217- 
222; compromises of, 218-220; 
sources of, 221; ratification of, 
222-224; contrasted with Articles 
of Confederation, 217,329; amend¬ 
ments of, 226-228; bill of rights, 



INDEX 


^xvi 

227; interpretation of, 228-230, 
281-282; development of, through 
usage, 230-233; limitations im¬ 
posed by, on State governments, 
101-102; duties of State governor 
under, 109. 

Constitutions, State, definition of, 
86; formation of, 86, 91-92; parts 
of, 86-87; bills of rights, 87; devel¬ 
opment of, 90-91; amendment of, 
91-93; authority of, 93,117; inter¬ 
pretation of, 124-125; limitations 
upon legislative power, 101-102; 
individual rights under, 144-145. 

Constitutional Convention, the, 216- 
221, 455. 

Constitutionality of legislation, 
power of State courts to decide, 
124-125; power of federal courts, 
220, 338-340. 

Consuls, appointment and tenure, 
411; classes and salary, 411; duties 
and privileges, 411-412. 

Contested elections, in Congress, 268. 

Continental Congress, First, 209; 
Second, 209-210. 

Contract labor, exclusion of, 390. 

Contracts, obligation of, 242. 

Convention of 1787, 216-221, 455. 

Conventions, party, 460; local, 466- 
467; State, 467-469; national, 470- 
474. 

Conventions, State constitutional, 
91. 

Copyrights, 11, 447. 

Coroner, 21, 26, 34. 

Corporate colonies, 74-75. 

Corporations, characteristics and 
development of, 162-163; State 
regulation of, 163-167; method of 
organization, 163; banks, 164; 
insurance companies, 164; rail¬ 
roads, 164-165; industrial com¬ 
binations and trusts, 165-167; 
quasi-public corporations, 69-70, 
138; taxation of, 200; federal con¬ 
trol of, 395-398. See Banks, Rail¬ 
roads, Trusts. 

Council, city, decline of, 44; rela¬ 
tion to mayor, 55-56; size of, 50; 
number of chambers, 50; election 
of members, 50; powers of, 51-53; 
qualifications, term, and salary of 
members, 51; procedure in, 54-55. 


Council, in colonial cities, 41. 

Councils, executive, 76, 108, 254. 

Counterfeiting, 450-451. 

County, development of, in Eng¬ 
land, 18; in New England, 20; at 
the South, 20-21, 26; present 
county government in New Eng¬ 
land, 25-26; origin of, in Central 
States, 33; officers of, 26, 34-35; 
commissioners, 26,33,167; county 
court, 21; county lieutenant, 21. 

Court, definition of, 122. See Judi¬ 
ciary. 

Cremators, 67. 

Crime, in early society, 140; defini¬ 
tion of, 141; classification of, 141; 
causes of, 142; repression of, 142, 
148; criminal procedure, 143-146; 
treatment of criminals, 147-148; 
federal power over crime, 450- 
453. 

Cuba, 416. 

Cumulative voting in Illinois, 96. 

Currency. See Finance, federal. 

Customs duties. See Tariff duties. 

Debate, in the House of Representa¬ 
tives, 277; in the Senate, 277. 

Debt, State and local, 202-204; 
national, 356-357. 

Declarations of Rights: (1765), 208; 
(1774), 209. 

Defective classes, care of, 155-156. 

Defendant, in civil cases, 122-123. 

Delaware, 22, 75, 104, 120, 168, 215, 
223, 250, 262, 416, 477. 

Delegates, territorial, 418, 420, 424, 
427, 428, 429. 

Delinquent taxes, 198. 

Democratic party, 457-459. 

Democratic-Republican party, 456- 
457. 

Departments, federal, 312-326; rela¬ 
tions with Congress, 278; State 
departments, 110-113. 

Dependencies. See Territories. 

Deposition, testimony by, 127. 

Des Moines, commission govern¬ 
ment in, 46. 

Dilatory motions, 272. 

Dingley Tariff Act, 386. 

Diplomatic representatives. See 
Ambassadors, Foreign Affairs. 

Direct legislation, 93, 102-103. 





INDEX 


Direct nominations. See Nomina¬ 
tions. 

Direct taxes, 195, 353-354. 

Disease, suppression of. See Health, 
boards of. 

Disputed election of 1876, the, 288- 
289. 

District attorneys. United States, 
316, 337. 

District court, 333-334. See Judi¬ 
ciary, federal. 

District of Columbia, acquisition 
and government of, 424-425; 
courts of, 336. 

Districts, congressional, 260-261. 

Dollar, coinage of the, 362-368. 

Domain, public, 318-319, 417. 

Dred Scott Case, 340, 401. 

Duties, tariff, as a form of tax, 348- 
349; as commercial regulations, 
384-389; internal revenue duties, 
314, 350-352. 

Economic functions of State govern¬ 
ments, 158-170. 

Education, county superintendent 
of, 26; in cities, 64-65, 179; State 
supervision of. 111; State and local 
systems, 172-185; federal aid to, 

183- 185, 322; federal bureau of, 

184- 185. 

Educational test for immigrants, 
392; for voters, 477. 

Eighteenth amendment, proposed, 
137. 

Eight-hour day, 161. 

Elastic clause, 229-230, 281-282. 

Elections, national. State, and local, 
476-477; separation of State and 
local, 48, 477; congressional, 263; 
presidential, 287-291; qualifica¬ 
tions for voting, 477-478. 

Electoral Commission, 289. 

Electoral Count Bill, the, 289. 

Electoral reform, progress of, 104. 

Electors, presidential, 285-288, 474- 
475. 

Electric lighting in cities, 68-69. 

Eleventh amendment, 227. 

Emancipation proclamation, 298. 

Eminent domain, 53, 130, 138. 

Enabling act, 422. 

Engineer, State, 112. 

Envoys. See Ambassadors. 


Epidemics, prevention of. See 
Health, boards of. 

Equalization, boards of, 197. 

Equity, 115-117. 

Error, writs of, 119, 124. 

Evidence in civil cases, 123; in 
criminal cases, 145. 

Excise taxes, 350-351. 

Exclusive powers, 236, 239. 

Execution, writ of, 124. 

Executive councils, 76, 108, 254. 

Executive departments, federal, 
312-326. See the several depart¬ 
ments. 

Executive sessions of Senate, 254- 
255. 

Executive, State, in early period, 88; 
increased powers of, 90; election 
and term of, 107; qualifications 
and salary, 107; powers of, 99, 
107-109; judicial control over, 
125-126; duties of, under federal 
constitution, 109; contrast with 
President’s powers, 106. 

Expenditure. See Finance. 

Experiment Stations, agricultural, 
321. 

Exports, duties on, forbidden, 241, 
345, 384. 

Ex post facto law, 279. 

Express powers of federal govern¬ 
ment, 236, 237, 280-281. 

Extradition, 246. 

Factory inspector. State, 112; fac¬ 
tory legislation, 137, 160-162. 

Farm Loan Board, 324. 

Federal government, 6; federal law, 
supremacy of, 237-238; federal 
powers, 236-237. See National 
Government. 

Federal Reserve Act, 376-378. 

Federal Reserve Board, 324, 373. 

Federal Trade Commission, 323, 
393, 397-398. 

Federalist, The, 223. 

Federalists, the, 455-456. 

Felonies, 141. 

“Filibustering,” in Congress, 269- 
270, 272, 277. 

Finance, federal, powers of Congress 
over, 230; objects of expenditures, 
342; control of expenditures, 343- 
344; criticisms of financial system, 




xxviii 


INDEX 


344-346; revenues, 346-347; tax¬ 
ing power, 347-348; import du¬ 
ties, 348-349; excise taxes, 350- 
351; income taxes, 352-353; direct 
taxes, 195, 353-354; borrowing 
power, 354-356; money, 360-368; 
banking system, 369-373; nation¬ 
al debt, 356-357; government pa¬ 
per money, 373-375;independent 
treasury system, 373, 377; pen¬ 
sions, 319, 441-442. 

Finance, local, powers of city coun¬ 
cil over, 51-52; taxing power of 
town meeting, 25; of county com¬ 
missioners, 26; general property 
tax, 196-199; license and franchise 
taxes, 201-202. 

Finance, State, definition of, 187; 
expenditures, 187-189; revenues, 
190-192; school revenues, 182- 
183; principles of taxation, 193; 
classification of taxes, 195; general 
property tax, 196-199; other 
taxes, 200-202; reforms in taxa¬ 
tion, 202; State and local debts, 
203-204. 

Fire department, in cities, 62-63. 

Fire-marshal, State, 112. 

Fish and game laws, 159-160. 

Florida, 104, 120, 178, 179, 251. 

Food Administration, 326. 

Food and dairy commissioner, 112. 

Food products, inspection of, 63, 
321. 

Foreign affairs, 305-307, 401-412. 

Forestry, scientific, 11, 159, 322. 

Fourteenth amendment, 228. 

France, constitution and govern¬ 
ment of, 3, 15. 

Franchise, the elective. See Suf¬ 
frage. 

Franchises, 43, 69-70; taxation of 
municipal, 43, 201-202. 

Frauds, and oppression, prevention 
of, 139. 

Free coinage, 362-368. 

Free silver, 362-368. 

Free Soil party, 458, 459. 

Free trade, policy of, 387-388. See 
Tariff duties. 

Fuel Administration, 326. 

Full faith and credit clause, 246. 

Functions of government, 7-11. See 
(rovernment. 


Gadsden Purchase, the, 230, 415. 

Galveston, commission government 
in, 45-46. 

Game laws, 159. 

Garbage disposal, 67. 

General property tax, 196-199. 

General staff, the, 315. 

Geneva Arbitration, the, 404. 

Geologist, State, 112. 

Georgia, 75, 95, 104, 178, 179, 223, 
248, 251, 477. 

Germany, aggressions of, 12, 298, 
406-407. 

Gerrymander, 261. 

Gold, coinage of, 362-368. 

Gorman-Wilson Tariff Act, 386. 

Government, definition of, 3; con¬ 
trol of, 3-4; colonial, 4-5; func¬ 
tions of, 8-11; distribution of 
powers of, 5-6; duties of citizens 
toward, 11-14; rural, 14-36; muni¬ 
cipal, 38-72; local government, 
7-8; State, 6-7, 74-204; federal, 
6, 208-453. See States, Local 
government. National govern¬ 
ment. 

Governor. See Executive, State. 

Grand jury, 118, 143. 

Great Britain, constitution of, 3; 
form of government, 15; relations 
witli North American colonies, 
77-83. 

Greenback party, 459. 

Greenbacks, 368, 374-375. 

Gresham’s Law, 363, 367. ^ 

Guam, 415, 426. 

Guardians, appointment of, 120. 

Habeas corpus, 119, 143, 298. 

Hague Court, The, 408. 

Hamilton, Alexander, 215, 217. 

Harbors, improvement of, 383-384. 

Hawaii, 259, 415, 445; government 
of, 426-427. 

Health, county board of, 35; city 
department of, 63, 134; State 
boards of, 134. 

High Schools, 174-175. 

Highways, public, 167-168. 

Holy Alliance, the, 405. 

Home rule, municipal, 44-45. 

Homestead Act, 319. 

Hospitals, 155-156. 

House of Representatives, residence 




INDEX 


XXIX 


of members, 233; apportionment, 
259-260; gerrymander, 261; elec¬ 
tions to, 262-263; term and quali¬ 
fications of members, 264; rights 
and privileges of members, 265; 
special powers of the House, 265, 
289-290; Speaker of, 232, 270-273; 
debate in, 276-277; committees 
of, 232, 273-276; committee on 
rules, 273. See Congress, United 
States. 

House of Representatives (in State 
governments). See Legislature, 
State. 

Hundred, 17. 

Idaho, 104, 161, 251, 478. 

Illinois, SO, 31, 33, 96, 104, 108, 112, 
119, 161, 167, 169, 176, 178, 416, 
478. 

Immigration, 390-392; State com¬ 
missioner of, 112. 

Impeachment, State process of, 110; 
federal process of, 255-256. 

Imperialism, Great Britain’s policy 
of, 78; issue of, in American poli¬ 
tics, 459. 

Implied powers, of federal govern¬ 
ment, 228-230, 281-282, 456-457. 

Import duties, 241, 346-349, 384- 
389. 

Inauguration, presidential, 292. 

Income tax. State, 201; federal, 340, 
352-353. 

Incorporation, of cities, 41-42; busi¬ 
ness corporations, 163-164. 

Independence, Declaration of, 83-84. 

Independent voting, 462, 476. 

Indeterminate sentence, 146. 

Indian affairs, 319. 

Indiana, 29, 33, 104, 108, 151, 161, 
169, 176, 178, 261, 416, 477. 

Indictment, 111, 143. 

Individual rights, protection of, 240- 
241. 

Indoor relief, 153-154. 

Inferior officers, of federal govern¬ 
ment, 302. 

Information, 111, 144. 

Inheritance tax. State, 200. 

Initiative, in State government, 93, 
103, 104. 

Injunction, writ of, 119, 126. 

Insane, care of, 156. 


Insular territories. See Territories. 

Insurance, regulation of, 164; State 
commissioner of, 112; for soldiers 
and sailors, 442. 

Intention, declaration of, 444. 

Interior, Department of, 318-320. 

Internal improvements, 383-384. 

Internal revenue duties, 350-351; 
commissioner of, 314. 

International law, 401-402; offenses 
against, 451. 

International relations, 305-307, 
401-412. 

Interpretation, constitutional. See 
Constitutionality of legislation. 

Interstate commerce, 164, 392-398. 
See Commerce. 

Interstate Commerce Commission, 
323, 395-396. 

Interstate relations, 245-246. 

Intervention, federal, 299-300. 

Intolerable Acts, the, 82-83. 

Inventions, patents for, 11, 319, 
447-449. 

Iowa, 29, 31, 104, 151, 178, 181, 251, 
478. 

Irrigation, 11, 320. 

Isthmian Canal, the, 11, 384, 416, 
424. 

Italy, constitution and government 
of, 3, 15. 

Jails, 147. 

Japanese laborers, exclusion of, 390. 

Jefferson, Thomas, 84. 

Johnson, Andrew, 256. 

Journals, legislative: State, 97, con¬ 
gressional, 269. 

Judges, county, 25, 34; police, in 
cities, 57; State judges, choice and 
tenure of, 120; salary and quali¬ 
fications of, 120-121; duties of, 
123-124; federal, see Judiciary, 
federal. 

Judiciary, State, in early period, 89; 
development of, 115-116; inferior 
courts, 118; courts of general orig¬ 
inal jurisdiction, 118; courts of 
last resort, 119; special State 
courts, 119; probate courts, 119; 
selection, tenure, qualifications, 
and salary of judges, 120-121; 
subordinate officers of courts, 121; 
procedure in civil cases, 122-124; 





XXX 


INDEX 


power to decide upon constitu¬ 
tionality of legislation, 124-125; 
control of executive officials, 125- 
126; relation to federal courts, 
126-127; interstate judicial rela¬ 
tions, 127; writs of injunction and 
mandamus, 126. 

Judiciary, federal, relation to State 
courts, 126-127; limitations of 
power by eleventh amendment, 
227; establishment and organiza¬ 
tion of, 329-330; jurisdiction of, 
330-332; appointment, term, and 
compensation of judges, 330; dis¬ 
trict courts, 333-334; circuit court 
of appeals, 334; Supreme Court, 
334-336; special courts, 336; ter¬ 
ritorial courts, 336, 420, 427, 428, 
429; interpretation of laws by, 
337-340; powder to decide consti¬ 
tutionality of legislation, 220, 338- 
340. 

Jurisdiction, original and appellate, 
118. 

Jury, petit, 123, 145; grand jury, 
118, 143; duty of jury service, 11. 

Justice, Department of, 316. 

Justices of the peace in Southern 
colonies, 20, 32, 35; mayor’s powd¬ 
ers as, 57; justices’ courts, 118. 

Juvenile courts, 149. 

Kansas, 29, 31, 104, 112, 146, 151, 
159, 178, 251, 477, 478. 

Kentucky, 104, 119, 251, 478. 

Know Nothing party, 459. 

Labor, Department of, 322. 

Labor, State legislation concerning, 
137-138, 160-162; prison labor, 
147-148. 

Lands, public, of State governments, 
158-159; of federal government, 
318-319, 417. 

Lands and forests. State commis¬ 
sioner of, 112. 

Larceny, 142. 

Law, common, 115-117; private, 
100; administrative, 100; our 
system of, 117; enforcement of; 
132-133; civil procedure, 122-124; 
criminal procedure, 142-146; mar¬ 
tial law, 298, 441; international 
law, 401-402, 451. 


Lawlessness, suppression of, 132-133. 

Legal-Tender Decisions, 340. 

Legislation, State, process of, 98-99; 
special, for cities, 43-45; gover¬ 
nor’s veto upon, 99; scope of, lOG; 
limitations upon, 101-102; uncon¬ 
stitutional, 124-125, 338-340. 

Legislation, federal. See Congress. 

Legislature, State: early period, 88; 
decline of, 90; proposal of consti¬ 
tutional amendments by, 92; tw'o 
houses of, 95-96; election districts 
for, 95; minority representation 
in, 95; members, qualifications, 
term, and salary, 96; privileges of 
members, 97; sessions of, 96-97; 
process of legislation, 98-99; com¬ 
mittees of, 97, 98; journal, 98; 
powers of, 100; limitations upon 
powers, 101-102; governor’s veto, 
99; relation to governor, 108. 

Legislature, municipal. See Council. 

Legislature, Federal. See Congress. 

Lil^ral construction, 228-230, 281- 
282, 456-457. 

Liberal party, 458, 459. 

Liberty loans, 356. 

Libraries, city, 65; State librarian, 

112 . 

License taxes, 201. 

Lieutenant-Governor, 97, 109, 110. 

Lighting, public, in cities, 68-^9. 

Lincoln, Abraham, 230. 

Liquor traffic, regulation of, 136-137. 

Loans. See Borrowing pow er. 

Local government, 7-10; relation of, 
to State governments, 15; origin 
of, 15-22, 38-48; centralized and 
decentralized systems of, 15; dual 
character of, 15; classification of, 
16; rural local governments, 15-22, 
24-35; origin of, in New England, 
18-20; at the South, 20-21; con¬ 
trast between New England and 
Southern systems, 22; develop¬ 
ment of, in the Middle States, 22; 
present system of, in New Eng¬ 
land, 24—26; in the West, 35; town¬ 
ship-county systems of, 27-35; 
functions of, 7-10, 24-35, 61-72. 

Local option, 136. 

Louisiana, 27,104,117,119,120,159, 
161, 178, 179, 251, 262, 477, 478. 

Louisiana Purchase, the, 230, 414. 




McCulloch V. Maryland, 339. 

McKinley Tariff Law, 386. 

Machine, the party, 461-462. 

Madison, James, 217, 223. 

Mail matter. See Postal service. 

Maine, 104, 120, 146, 159, 176, 178, 
180, 262, 263, 477. 

Mandamus, 111, 119, 126. 

Manor, 17. 

Manual Training, 175. 

Marbury v. Madison, 339. 

Mark, the German, 16. 

Marque and reprisal, letters of, 242, 
432. 

Marshals, federal, 298, 337. 

Martial law, 298, 441. 

Maryland, 22,75, 104,108, 120, 159, 
167, 169, 174, 179, 210, 215, 223, 
251, 285, 416. 

Massachusetts, 58, 62, 75, 83, 91, 
95, 104, 107, 113, 120, 148, 151, 
159, 161, 174, 178, 180, 201, 209, 
223, 262, 416, 477, 478. 

Mayor, in colonial cities, 41; in Brit¬ 
ish cities, 40; in United States: 
election, term, and salary, 55; 
powers, 55-57; the “responsible” 
mayor, 56. 

Mediation and Conciliation, Board 
of, 324. 

Mercantile colonial system, 80-81. 

Merit system. See Civil Service. 

Message, mayor’s, 55; governor’s, 
108; President’s, 307-308. 

Metric system, 449. 

Mexican cessions, 403, 415. 

Mexican War, 230, 403. 

Michigan, 30, 31, 93, 104, 146, 148, 
159, 161, 169, 175, 176, 178, 251, 
416, 477, 478. 

Middle States, development of local 
government in, 22. 

Military Academy, United States, 
315, 436. 

Military functions, of federal govern¬ 
ment, 431-442; military appropri¬ 
ations, 343, 435; military officers, 
436-437; militia, 132-133, 297, 
299, 437-438; navy,438-441; pen¬ 
sions, 319, 441-442; insurance for 
soldiers and sailors, 442; military 
sites, 425; duty of military sup¬ 
port, 11. 

Military powers, of sheriff, 34; of 


EX xxxi 

mayor, 57; of governor, 108; of 
President, 297-300. 

Militia, 132-133, 297, 299, 437-438. 

Milwaukee, 58. 

Ministers, foreign. See Ambassadors. 

Minnesota, 30, 31, 33, 104, 151, 159, 
161, 174, 176, 178, 180, 478. 

Minority representation, 95. 

Mint, federal, 314. 

Misdemeanors, 141. 

Mississippi, 104, 120, 179, 251, 262, 
477. 

Mississippi River, improvement of, 
383. 

Missouri, 29, 31, 35, 93, 104, 119, 
161, 178, 251, 477. 

Money. See Finance, federal. 

Monometallism, 367-368. 

Monopolies, municipal, 69-72; Sta te 
control of, 164-167; capitalistic, 
166; federal control of, 394-398. 

Monroe Doctrine, the, 405-406. 

Montana, 104, 161, 250, 478. 

Montesquieu, 211. 

Morals, public, protection of, 135. 

Morris, Gouverneur, 221. 

Mortgage tax, 199-200. 

Municipality. See City. 

Nation, definition of, 2. 

National banks, 354, 371-372. 

National committees, of political 
parties, 460, 470, 471, 472. 

National conventions, call, 470; 
procedure in, 470-474. 

National Defense, Council of, 325- 
326. 

National government, sphere of 
activity, 6; relation to States, 235- 
239; limitations on powers of, 240- 
242. See Congress, President, 
Judiciary, Government (federal). 
Executive departments, etc. 

National guard. See Militia. 

Naturalization, 444-446. 

Natural resources, preservation of, 
159, 323. 

Naval Academy, United States, 185, 
317, 440^41. 

Naval stations and yards, 317. 

Navigation, 168-169, 381-384; Acts 
of Navigation and Trade, 81. 

Navy, Department of, 317-318, 439- 
441. 





XXXll 


INDEX 


Nebraska, 30, 31, 93, 104, 108, 176, 
178, 250, 251, 477, 478. 

Neutrals, rights of, 402-403, 406- 
407. 

Nevada, 35, 93, 104, 176, 251, 286. 
New England Confederation, 208. 
New England, town government of. 
See Towns. 

New Hampshire, 75, 86, 91, 104, 
120, 153, 159, 178, 180, 223, 262, 
477, 478. 

New Jersey, 22, 75, 86, 104, 107, 
108, 119, 120, 159, 161, 169, 178, 
180, 201, 215, 223, 251, 416, 478. 
New Jersey plan, in Constitutional 
Convention, 217, 220. 

New Mexico, 259, 415, 445; terri¬ 
torial government of, 419-420. 
New Orleans, 58. 

New York, 22, 30, 31, 32, 33, 58, 62, 
75, 104, 108, 113, 119, 120, 151, 

158, 159, 161, 169, 178, 180, 201, 
210, 213, 215, 222, 223, 262, 286, 
416, 478. 

Nominations, methods of, 465; local, 
466-467; State, 467-469, 475; 
presidential, 469-474; direct, 462, 
475; by petition, 476. 

North Carolina, 27, 75, 99, 104, 108, 

159, 178, 179, 201, 224, 262, 477. 
North Dakota, 30, 31, 33, 93, 104, 

117, 159, 178, 251, 478. 

Northwest Territory, history of, 

416- 419. 

Notes, United States, 361, 362, 374- 
375; treasury notes, 361, 362, 373- 
374; national bank notes, 361,362, 
372; federal reserve notes, 361, 
362, 377; State bank notes, 371. 

Oath of office, presidential, 292. 
Officers, State: elective, 106-111; 
appointive, 111-113; federal, ap¬ 
pointive, 231, 300-305. 

Ohio, 29, 31, 33, 48, 51, 58, 62, 93, 
104, 148, 151, 161, 169, 178, 183, 
416, 478. 

Oklahoma, 93, 104, 180, 201, 251, 
260. 

Order, preservation of, 132-133. 
Ordinance of 1784, 417; Ordinance 
of 1785, 28; Ordinance of 1787, 

417- 419. 

Ordinances, municipal, 54-55. 


Oregon, 35, 103, 104, 159, 250, 251, 
263, 415, 477, 478. 

Outdoor relief, 153. 

Overseers of highw^ays, 32, 167. 

Overseers of the poor, 32. 

Panama Canal, 11, 384, 416, 424. 

Paper money. See Notes. 

Pardons, governor’s power over, 108; 
President’s power over, 309-310. 

Parish, in England and New Eng¬ 
land, 17; in Southern colonies, 21. 

Parks, city, 65. 

Parliamentary government, cabinet 
system under, 313. 

Parties, political, functions of, 454- 
455; origin of, 455; history of, 455- 
459; organization of, 460-462; 
party issues, 455-459; party plat¬ 
forms, 468, 473. See Conventions, 
party. 

Party system, influence of, upon 
government, 233; upon election 
of Senators, 251-252; upon elec¬ 
tion of President, 291. 

Patents, 11, 319, 447-449. 

Patriarchal theory, 1. 

Patronage, federal, 301-302. 

Paving, in cities, 67. 

Payne-Aldrich Tariff Law', 386. 

Peace and order, maintenance of. 
132-133. 

Penitentiaries, 147. 

Pennsylvania, 75, 95, 104, 108, 119, 
120, 126, 158, 159, 169, 178, 180, 

201, 215, 223, 248. 

Pensions, military, 319, 441-442. 

People’s party, 460. 

Personal property taxes, 196-199, 

202 . 

Petition, nomination by, 476; right 
of petition, 240. 

Philippines, 259, 416, 445; govern¬ 
ment of, 428-429. 

Piracy, 451. 

Plaintiff, in civil cases, 122-124. 

Platform, party. See Parties, polit¬ 
ical. 

Playgrounds, municipal, 65. 

Pleadings, 122. 

“Pocket veto,” by the governor, 99; 
by the President, 309. 

Police administration in cities, 61- 
62, 118. 



INDEX 


XXXlll 


Police power, of city council, 51; 
of State governments, 129-139; 
definition of, 129; characteristics 
of, 130-131; of federal govern¬ 
ment, 131. 

Politics. See Parties. 

Poll tax, 201. 

Polygamy, 422. 

Pools, 165, 394-395. 

Poor, overseers of, 31; poor relief in 
cities, 53, 66, 153. 

Popular election of Senators, 251. 

Porto Rico, 259, 415, 445; govern¬ 
ment of, 427-428. 

Posse comitatus, 132. 

Postal savings banks, 317. 

Post OflBce Department, 316-317; 
postal system, 393. 

Poverty, causes of, 152-153. 

Powers, division of, between federal 
and State governments, 5-6, 235- 
236; between State and local gov¬ 
ernments, 7-8; legislative, execu¬ 
tive, and judicial, 6, 89. 

President, origin of office, 285; in¬ 
auguration, 224; political usages 
affecting, 231-232, 291; relations 
of, to Congress, 278-279; election 
of, 285-291; term, salary, and 
qualifications of, 292-293; mili¬ 
tary powers of, 297-299; diplo¬ 
matic pow'ers of, 305-307; legis¬ 
lative powers of, 307-309; judi¬ 
cial powers of, 309-310; veto 
power of, 278, 308-309; powers of 
appointment and removal, 300- 
305; nomination of candidates for, 
470^74; succession to Presidency, 
293-294; electors, presidential, 
285-288, 291, 474-475. 

President, pro tempore of Senate, 270. 

Press, freedom of, 240. 

Previous question, in House of 
Representatives, 277. 

Primary, party, 104, 465-466, 475. 

Printing, State superintendent of, 
112; federal printing-office, 325. 

Prisons and prison methods, 147-148. 

Private law, 100. See Law. 

Private rights, under federal consti¬ 
tution, 240-241. 

Privateering, 432-433. 

Privileges and immunities of citi¬ 
zens, 245. 


Privileges, of States in the Union, 
243. 

Privy Council, British, 115. 

Prize courts, 433. 

Probate courts, 119. 

Probation officers, 149. 

Procedure, civil, 122-124; criminal, 
143-146. 

Procedure, in city councils, 54-55; 
in State legislatures, 96-99; in 
Congress, 276-279. 

Proclamations, presidential, 298, 
307. 

Progressive taxation, 201. 

Prohibition laws, 131, 136-137; Pro¬ 
hibition party, 459. 

Prohibitions, upon State govern¬ 
ments, 241-242; upon the federal 
government, 240-242. 

Property, protection of, 122. 

Proportional representation, 95. 

Proprietary colonies, 75. 

Prosecution of criminals. See Crime. 

Protection. See Tariff duties. 

Public acts, proving, 246. 

Public domain, 318-319, 417. 

Public Information, Committee on, 
326. 

Public works. State superintendent 
of, 112, 169. 

Punishment, theories of, 146-147. 

Puritans, 18, 20. 

Qualifications for suffrage, 477-478. 

Quarantine, 321. See Health, boards 
of. 

Quartermaster-General, 315. 

Quorum, in State legislature, 98; in 
Congress, 269-270; 272. 

Quo warranto. 111, 119. 

Railroads, State regulation of, 164- 
165, 395; federal regulation of, 
395-396; Director-General of, 326. 

Railways, street, 69-70. 

Rates, railway. See Railroads. 

Real estate, tax on, 196-199. 

Recall, in cities, 46; in State govern¬ 
ment, 104. 

Reciprocity, treaties of, 386. 

Reclamation service, 320. 

Reconstruction, theories of, 423; 
reconstruction amendments, 228. 

Recorder, county, 26, 35. 



xxxiv 


INDEX 


Recreation, in cities, C5. 

Red Cross, American National, 326. 

Referendum, State, 93, 102, 103, 
104. 

Reformatories, 148. 

Registration, 478-479. 

Religion, freedom of, 240. 

Removal, President’s power of, 302- 
303; governor’s power of, 108. 

Representation, American and Brit¬ 
ish theories contrasted, 79-80. 

Representative government, 4-5. 

Representatives, House of. See 
House of Representatives. 

Reprieve, 310. 

Republican party, origin of, 458- 
459; policies of, 459. 

Requisition, governor’s power to 
issue writs of, 109. 

Reservations, Indian, 319. 

Reserves, 11; forest, 159. 

Responsibility, oflBcial, of mayor, 
46-48, 55-57; of governor, 106- 
107; of President, 296-300, 308- 
309. 

Resumption of specie payments, 365, 
375. 

Revenues. See Finance. 

Revolution, the American, 78-84, 
209-210. 

Rhode Island, 75, 86, 104, 107, 120, 
146, 178, 180, 213, 224. 

“Riders” in legislation, 279. 

Rights, protection of individual, 121, 
122, 144-145. 

River and harbor improvements, 
383-384. 

Roads, overseers of, 26, 32; construc¬ 
tion and maintenance of roads, 
167-168. 

Robbery, 142, 451. 

Royal colonies, 74, 75. 

Rules, of House of Representatives, 
269-273, 276-277; of Senate, 277; 
committee on, 273. 

Safety, public, preservation of, 134. 

Salaries. See the several offices. 

Samoa, 416, 426. 

Sault Ste. Marie Ship Canal, 169. 

Savings banks, postal, 317. 

School district, in Central States, 32. 

Schools, public. See Education. 

Secession, 423. 


Secretaries, federal. See the several 
federal departments (State, \^’ar, 
Navy, etc.). 

vSections of townships, 28. 

Selectmen, town, 25. 

Self-determination, right of, 405-407. 

Senate, State, 96. 

Senate, United States, origin of, 
248-249; representation in, 249; 
election of Senators, 249-252; 
term, 252; vacancies in, 109; quali¬ 
fications of Senators, 252; rights 
and privileges of members, 253; 
legislative powers, 253; executive 
functions, 254; senatorial cour¬ 
tesy, 231, 254-255, 301; judicial 
powers, 255-256; deadlocks, 250; 
presiding officer, 270. See Con¬ 
gress. 

Separation of powers, 89, 296-297. 

Sessions, regular and special, of city 
council, 54; of State legislature, 97; 
of Congress, 267, 307. 

Seventeenth amendment, 251. 

Sewerage systems, 67. 

Shay’s Rebellion, 213, 215. 

Sheriff, in England, 18; in United 
States, 21, 26, 34, 121, 122, 132. 

Sherman Anti-Trust Act, 396-397. 

Shipping, of United States, 382-383; 
Federal Shipping Board, 325. 

Shire, origin and government of, 18. 

Silver certificates, 362, 368. 

Silver, coinage of, 362-367; purchase 
of, 364. 

Sixteenth amendment, 353. 

“Slates,” political, 461. 

Slavery, abolition of, 228; slave 
trade, 219. 

Smith-Hughes Act, 183-184. 

Smithsonian Institution, 325. 

Socialist and Socialist-I^abor parties, 
459. 

Solicitor, city, 57. See Attorney, 
prosecuting. 

South Carolina, 75, 86, 104, 120, 
179, 201, 223, 251, 262, 477, 478. 

South Dakota, 30, 31, 33, 35, 104, 
117, 178, 251, 477, 478. 

Sovereignty, definition of, 2. 

Spanish-American War, 230, 431, 
432. 

Speaker of House of Representa- 

1 tives, 232, 270-273, 277. 




INDEX 


XXXV 


special assessments, 191-192. 

Special legislation for cities, 43-45. 

Special sessions, of city council, 54; 
of State legislature, 97; of Con¬ 
gress, 267, 307. 

Specie payments, resumption of, 365, 
375. 

Speech, freedom of, 240. 

Spoils system, in State government, 
42, 48,113; in federal government, 
303-304. 

Staff, general, 315. 

Stamp Act, 81; Stamp Act Congress, 
208. 

Standards, bureau of, 322. 

State, origin of, 1; evolution of, 2; 
definition of, 2; secretary of, in 
commonwealths, 109-110. 

State, Secretary of (federal), 313- 

^ 314, 408-^09. 

States, origin of, 74-84; eonstitu- 
tion of, 86-93; legislative depart¬ 
ments of, 95-104; limitations on, 
under federal constitution, 101- 
102; executive department, 106- 
114; judiciary, 115-127; police 
power of, 129-139; power over 
crime, 140-148; administration of 
charities, 151-156; control of eco¬ 
nomic interests, 158-169; control 
of education, 172-185; finance, 
187-204; interstate and federal 
relations, 235-238,242-248; sphere 
of activity, 5-10, 248; admission 
to Union, 91, 421-423; rural local 
government in, 15-35; city govern¬ 
ment in, 38-72. 

Streets, city, 66-67. 

Strict construction, 456-457. 

Strikes, 161. 

Subpoena, 122. 

Succession, presidential, 293-294. 

Suffrage, qualifications for, 477-478. 

Superintendent of schools, in cities, 
64-65, 179; county superintend¬ 
ent, 180; State superintendent or 
commissioner, 109, 111, 180. 

Supervisor, township, 31; county, 
33. 

Supreme court. State, 119; judges of, 
120; appeal to, from lower State 
courts, 124. 

Supreme Court, United States, 330, 
334-336. See Judiciary, federal; 


also Constitutionality of legisla¬ 
tion. 

Surrogate, county, 26. 

Surveyor, county, 35; State, 112. 

Surveys, public land, 28. 

Tariff Commission, United States, 
323. 

Tariff duties, as a form of tax, 348- 
349; as commercial regulations, 
384-390. 

Taxation. See Finance. 

Tax commissioner. State, 112. 

Teachers, employment and certifi¬ 
cation of, 181. See Education. 

Temperance legislation, 136-137. 

Tennessee, 104, 178, 179, 180, 201, 
251 478. 

Tenure of Office Act, 302-303. 

Territories, power of Congress con¬ 
cerning, 414, 421-422; territorial 
acquisitions, 414-416; early terri¬ 
torial legislation, 416-419; govern¬ 
ment of territories, 419-420, 423- 
428; admission of new States, 421- 
423. 

Texas, 104, 251, 445, 477. 

Text-books, 181. 

Third term doctrine, 292. 

Thirteenth amendment, 228. 

Titles of nobility, forbidden, 242. 

Tonnage tax, 381. 

Torts, 122, 140. 

Towns, origin of, 16-20; establish¬ 
ment of, in New England, 18-19; 
characteristics of, in early New 
England, 19-20; general features 
of, in New England, 24; govern¬ 
ment of, 24-25; town-meeting in 
New England, 19-20, 24-25; in the 
Central States, 30. 

Townshend Acts, 81. 

Township, origin of in Middle West, 
27-28; oflBcers in Central States, 
30-32; board, 31; township-county 
system, 22, 28, 29. 

Trade. See Commerce. 

Trade-marks, 169, 449; Trade-mark 
Cases, 340, 449. 

Trades and callings, regulation of, 
135-136. 

Treason, 141, 451-453. 

Treasurer, county, 26, 34; township, 
31; city, 57; State, 109, 110, 111. 



XXXVl 


INDEX 


Treasury, federal department of, 
314-315. 

Treaties, power over, 254, 307. 

Trials, judicial. See Procedure, civil 
and criminal. 

Trustees, township, 31. 

Trusts, State regulation of, 166-167; 
federal regulation of, 396-398. 

Tweed Ring, 8. 

Twelfth amendment, 227. 

Two-thirds rule, 472. 

Unconstitutional legislation. See 
Constitutionality of legislation. 

Undervaluation of property, 196. 

Union, colonial plans of, 208. 

Unit rule, 473. 

Universal Postal Union, 317. 

Universities and colleges, 175-177. 

Unwritten constitution of the United 
States, 230-233. 

Urban. See City. 

Utah, 104, 161, 179, 183, 478. 

Vagrants, 154. 

V’^erdict of jury, 124, 145. 

Vermont, 95, 104, 108, 120, 178, 180, 
248, 263, 477, 478. 

Vestry-meeting, Southern colonies, 

21 . 

Veto-power, of mayor, 55; of gov¬ 
ernor, 99, 108; of President, 278, 
308-309; of territorial governor, 
420. 

Vice-President, election of, 288; sal¬ 
ary and functions, 293-294. 

Villages, 16. 

Virgin Islands, annexation of, 416. 

Virginia, 27, 75, 84, 104, 120, 169, 
176, 180, 201, 209, 210, 215, 223, 
251, 262, 416, 422. 

Virginia plan, in Constitutional 
Convention, 213, 220. 

Vocational education, 183-184, 324; 
for disabled soldiers and sailors, 
184. 

Volunteers, army, 434. See Militia. 

Voting, duty of citizen, 12-13; meth¬ 
ods of, in Congress, 277; qualifica¬ 


tions for, 477-478; registration, 
478; casting and counting ballots 
480-481. 

War, Department of, 315-316; pow¬ 
ers of President and Congress, 
230, 297-300, 433-434; declara¬ 
tion of war, 432. See Military 
functions. Militia. 

War of 1812, 9, 403; Civil War, 403- 
404; War with Germany, 12, 342, 
355, 406-407, 439; other American 
wars, 431. 

War Trade Board, 326. 

Warrants, police, 143. 

Washington, D.C., government of, 
424-425; street-plan of, 67. 
Washington (State), 35, 104, 251, 
262, 477, 478. 

Washington, George, 216, 223, 224, 

402, 405, 455. 

Wastes, disposal of, 67. 

Water supply, city, 68. 

Waterways, 168-169. 

Ways and Means Committee, in 
House of Representatives, 344. 
Weather bureau, 321. 

Weights and measures. State super* 
intendent of, 112; regulation of. 
169, 394, 449-450. 

Western land cessions, 416-417. 
West Point, 185, 436-437. 

West Virginia, 27, 104,120,159,176. 
Whig party, 457-458. 

White House, the, 292. 

W’ills, probate of, 119. 

Wilson Tariff Law, 386. 

Wisconsin, 30, 31, 104,113, 146, 151 
159, 161, 175, 178, 251, 416, 477 
478. 

Woman’s Suffrage, 104, 478. 
Work-houses, 147. 

Working-classes. See Labor. 

World power. United States as a 

403. 

World W’ar. See War. 

Wrongs, redress of, 122-124. 
Wyoming, 35, 104, 176, 262, 477. 
478. 














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